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As aforementioned, there have been several
attempts by governments in Africa to regulate
or censor the internet space. The law, more so
the legislative wheel has been relied on as a
vehicle to impact the exercise of rights online.
Countries in Southern Africa have relied on both
old and existent legislation and also new laws to
regulate enjoyment of digital rights.
For instance in Zimbabwe, the government has
relied on laws like the Criminal Law Codification
and Reform Act (Criminal Law Code) to inhibit
the exercise of freedom of expression online.
The specific provisions that have been notorious
include:
•
Section 22(2) (a) (iii) on subverting a
constitutional government and in the alternative,
of the Code after expressing his displeasure
against fuel shortages and price hikes which
matter was also dismissed.
•
Section 31 (a) (iii) on publishing or
communicating falsehoods prejudicial to the
State.
•
Section 33 on undermining the authority
of or insulting the President
•
Section 36(1) (a) on inciting the public to
commit public violence
Similarly, in Zambia such provisions exist
in the Penal Code. The Penal Code grants the
president absolute discretion to ban publications
regarded as contrary to public interest and also
the criminalisation of publication of false news
with intent to cause fear and alarm.
These provisions from both Zimbabwe
and Zambia infringe on media freedom and
freedom of expression especially the capacity
by individuals to demand transparency and
accountability. These also prevent the citizens
from criticising the government or the president
yet the capacity to do that is what forms the
basic tenets of democracy.
With regards to new and or proposed
legislation, Zimbabwe gazetted a Cybersecurity
and Data Protection Bill in May 2020, which
allows the use of forensic tools like keystroke
loggers that are highly invasive tools without
providing for judicial oversight on the use of
such tools. (10) The Bill also has provisions that
criminalise communication of false information
despite that there is a Constitutional Court order
from the case of Chimakure and two others v
Attorney General where false news offences
were regarded as unconstitutional as they
infringe on freedom of expression and promote
self-censorship.
The framing of such provision, which is wide and
vague will also potentially resuscitate criminal
defamation, which was similarly outlawed in
the case of Madanhire and Another versus the

Attorney General.

(11)

The above clearly indicates an attempt by
governments to limit exercise of digital rights
by entrenching surveillance and providing
loopholes in legislation that create room for
government monitoring and tracking of citizens
and subsequently violation of the right to
privacy. This, however, does not wish away the
importance of developing cybersecurity and
data protection frameworks.

ARRESTS FOR ONLINE
COMMUNICATION
In the enforcement of the above laws,
governments in Southern Africa have arrested
and detained citizens, activists and journalists
on charges based on their online communication
on platforms like Facebook and Twitter.
Of note in Zimbabwe, were the three
arrests between July 2020 and January 2021
of prominent freelance journalists Hopewell
Chin’ono, who is popularly known for exposing
corruption related to the procurement of
Covid-19 materials in Zimbabwe. The exposures
led to the sacking and the arrest of the then
Minister of Health Obadiah Moyo. On the three
occasions Chin’ono was arrested on charges of
inciting public violence, obstructing the course
of justice and communicating falsehoods. (12)
This serves to explicitly show the weaponisation
of the legal and justice system by the
government in Zimbabwe to silence opposition
and or critics of the government. This also points
to the monitoring of social media platforms by
the government thus contributing to the fear by
citizens to freely express themselves online.
In In April of 2019, Tumpale Makibinga, a
Malawian young man, was arrested for a meme
he posted on social media, which according
to the prosecutor, ridiculed and undermined
First Lady Gertrude Mutharika. Makibinga was
arrested for insulting the modesty of a woman,
cyber violation and offensive communication. (13)
By arresting the likes of Makibinga, the security
forces were setting a bad precedent not only on
the exercise of digital rights but also presenting
the public officials as persons beyond reproach
and thus a law unto themselves.
There were a number of government critics
that were arrested in Tanzania (14).

INTERNET SHUTDOWNS

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