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SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

Governments in Southern Africa are also
relying on internet shutdowns or throttling of
the internet as a way of limiting freedom of
expression. Such mechanism is mostly effected
during elections or protests. The governments
have done this through directives to ISPs and
MNOs, ordering to limit access to or shut down
the internet altogether. An internet shutdown
typically involves the deliberate disruption of
internet or electronic communications, to the
extent they become inaccessible or unusable,
generally targeting a particular population or
within a specific location with the objective of
exerting control over the free flow of information.
(15)

Zimbabwe had implemented a six-day internet
shutdown in the midst of protests against the
hiking in fuel prices and basic commodities.
Internet access was eventually restored after
MISA Zimbabwe and the Zimbabwe Lawyers
for Human Rights filed an urgent chamber
application at the High Court of Zimbabwe
which resulted in the court ordering that the
Minister of State for National Security had acted
unlawfully by issuing a directive in terms of
the Interception of Communications Act for the
shutting down of the internet. (19)
Having highlighted the above pattern of
internet shutdowns in Southern Africa, it is very
clear that such conduct by states unjustifiably
and disproportionately infringes on the digital
rights of citizens particularly their right to
access information and also to freely express
themselves.
The Special Rapporteur on Freedom of
Expression and Access to Information in Africa
released an updated draft of the Declaration of
Principles on Freedom of Expression in Africa
which provides that:
“States shall not interfere with the right of
individuals to seek, receive and impart information
through any means of communication and
digital technologies, through measures such
as removing, blocking and filtering of content,
unless such interference is justifiable and
compatible with international human rights law.

In October 2020, Tanzania, during the
presidential elections, access to social media
platforms was restricted. It is reported that
the Tanzania Communications Regulatory
Authority (TCRA) ordered the country’s
telecommunications
service
providers
to
suspend access to mass messaging (SMS) and
voice services, leaving millions of people without
access to reliable communication tools. (16)
Similarly, in Malawi, during the Presidential
elections in May 2019, an internet outage
of several hours happened and according
to Netblocks, Malawi Telecommunications
Limited, fibre optic network SimbaNET and ICT
infrastructure operator Malswitch were affected,
while access appeared to remain generally
available via privately-owned internet providers.
(17)

In Zimbabwe, on 31 July 2020, a day when
an anti-corruption protest had been planned,
it was reported that there had been a partial
internet shutdown, with the internet speed
being throttled by TelOne, which provides the
country’s internet gateway. (18) In January 2019,

States shall not engage in the wholesale
disruption of access to the internet and other
digital technologies for segments of the public
or an entire population.” (20)
Internet shutdowns are, therefore, a violation
to digital rights and should be advocated against
in Southern Africa.

CENSORSHIP AND SURVEILLANCE
The component on legislative provisions
addressed the issue of censorship and
surveillance that is being done through the
law for instance in cybersecurity laws and also
through Interception of communications laws
and provisions.
It should be noted that surveillance and or
interception of communications can be lawfully
done in instances where it is lawful, proportionate
and necessary, where it is justifiable in an open
and democratic society to promote public interest
or public order or national security. In so doing,
judicial oversight is also a key mechanism to
also ensure that rights are protected.

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