COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School

 
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COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
COMPUTER SOCIETY OF ZIMBABWE
  SUMMER SCHOOL 2018: VIC FALLS
      07-10 November 2018
 “EVERYTHING ICT – THE DIGITAL AGE & CYBER SECURITY”

RUFARO E. MHANDU
SENIOR ASSOCIATE
CRIMINAL LAW & CYBERLAW SPECIALIST
MUVINGI AND MUGADZA LEGAL PRACTITIONERS
www.mmmlawfirm.co.zw
rmhandu@mmmlawfirm.co.zw
0717717567/ 0771417458
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
Worldwide, the ever-increasing surge of
  technology has brought with it a myriad of
   legal problems - D.P. van der Merwe at al,
Information and Communications Technology
    Law, 2nd Edition, 2016, Lexis Nexis: South
                       Africa
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

• Statistics gathered by the Ministry of Information Communication
  Technology and Cybersecurity when they drafted the Zimbabwe National
  Policy on Information and Communication Technology shows that the
  number of ICT users is escalating as technology continues to evolve.
• According to the Ministry, as at 31 December 2015, mobile users had risen
  to 95.4% and internet use had risen to 45%. From a cybersecurity
  perspective, the need for legislative intervention regulating internet
  activities is a matter of urgency.
• The legal landscape itself has been evolving greatly with a surge of
  cybercrimes being reported to the police daily. A look at the nature of
  offences being reported is a cry in itself for legislative intervention.
• The legislature needs to engage the computer science experts in order to
  craft technologically sound legislation and governance. The role to be
  played by the computer science community should not be undermined.
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe
• This must occur as a team work. The legislative office of the Attorney
  General’s Office needs to engage the computer science experts.
• The development of the Cybercrime and Cybersecurity Bill shows very
  little engagement between the stakeholders: litigants, computer science
  experts and the investigator. Without the experts’ input, the legislation
  cannot be amplified to the optimum.
• Current legislation is inadequate towards governance of cyberspace
  activities. Proposed legislation needs serious revision.
• Whilst imploring a legislative perspective to cybersecurity and cybercrime,
  it will be an injustice to our legal system if we overlook the importance of
  cyberforensics in this equation.
• Again, the role of computer science experts cannot be overemphasized
  nor overlooked. In order to develop an effective procedural legislation to
  govern gathering of evidence using cyberforensics and cyber forensic
  related aspects, the Zimbabwe Republic Police burdened with the
  investigative mandate must continue to undergo rigorous cyberforensic
  training.
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
Report on the world’s legislative landscape in
2000 by McConnell International LLC:
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
Report on Africa’s legislative landscape by
OAfrica on the 3rd of October 2012:
Botswana:
•   Cybercrime and Computer Related Crimes Bill 2007
•   Financial Intelligence 2008
•   e-Legislation Committee formed in 2010
•   Chapter 08:06 cybercrime and computer related crimes act
Ghana:
•   Electronic Transaction Act (2008)
•   Criminal Code Act 29/60 Section 131 for Cybercrime Prosecution
•   MoC is drafting a national Cyber Security Strategy
•   e-Crime Project
Kenya:
•   Kenya Information and Communication Act
•   Kenya Communications Regulations, 2001 (Broadcasting, 2009)
•   No national cyber security policy in place yet
Morocco:
•   Morocco Numeric 2013 contains a variety of acts addressing information and cyber security
Mozambique:
•   National Cybersecurity Management System is in the process of being implemented
•   Electronic Transactions Act
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
Report on Africa’s legislative landscape by
OAfrica on the 3rd of October 2012:
Namibia:
• Computer Misuse and Cybercrime Act 2003
• Electronic Transactions and Communications Bill
Nigeria:
• Harmonized Cybersecurity Bill 2011 (ready for National Assembly)
• Nigerian Cyber-Crime Working Group Initiative
Sudan:
• Cyber Crime Law of 2007
• Electronic transactions law (2007)
• Informatics Crimes Law 2007
• CERT Sudan
Tunisia:
• National Plan and Strategy in IT (2003)
• Law on protection of Privacy and Personal Information (2004)
• Law on Electronic signature and e-commerce (2000)
• Law Against Cyber-Crimes
• Law related to IT Security (2004)
Zimbabwe:
• No law on cyber crime
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
Report on the world’s legislative landscape by
David Banisar in January 2018:
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS - CSZ Summer School
LEGISLATION                                  CONVENTION
•Legislation is the law or body of rules     •A convention is an agreement in
that has been enacted by the legislature     international law that is made between
or any governing body that has the           countries to address particular legal
mandate to make the law in a country.        issues of concern.
•Legislation also refers to a law that is yet •Member states agree to a convention by
to be enacted by the legislature or           way of being signatories – signing the
governing body, known as a “bill”.            convention, ratifying or acceding to the
                                              convention (i.e. ratification or accession
                                              of a convention).
•Legislation can be drafted in such a        •The convention can set out how it is
manner so as to adopt principles             deemed to come into force; subject to
contained in a convention.                   the provisions of various statutes of the
                                             member states’ domestic laws.
                                             •Member states can domesticate the
                                             convention (done by legislation)
                                             •Non-member states can adopt principles
                                             contained in the convention during
                                             legislative processes.
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

World and Regional legislative perspective:
• Budapest Convention – Convention on Cybercrime
  2001
- Adopted at Budapest on the 23rd of November 2001 by
  the Council of Europe

• Malabo Convention - African Union Convention on
  Cybersecurity and Personal Data 2012
- Adopted at the 23rd Ordinary Session of the Assembly
  held at Malabo in Equatorial Guinea on the 27th of June
  2014
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

• BUDAPEST CONVENTION
- Convention on cybercrime.
- This convention can be acceded by any country.
-  This convention works as a guideline to countries
  in their law-making processes, regardless of them
  being member states or non-member states
- An analysis of the laws in Zimbabwe, from the
  reading of the Cybersecurity and Cybercrime
  Bill, 2017; the legislature seemingly adopted the
  Budapest Convention.
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

BUDAPEST CONVENTION – PREAMBLE:
• Convinced of the need to pursue, as a matter of priority, a
  common criminal policy aimed at the protection of society
  against cybercrime, inter alia, by adopting appropriate
  legislation and fostering international co-operation;
• Conscious of the profound changes brought about by the
  digitalisation, convergence and continuing globalisation of
  computer networks;
• Concerned by the risk that computer networks and
  electronic information may also be used for committing
  criminal offences and that evidence relating to such
  offences may be stored and transferred by these networks;
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

Comparison between the provisions of the Budapest Convention and the Cybercrime and
Cybersecurity Bill, 2017 of Zimbabwe
          Budapest convention              Cybercrime and Cybersecurity Bill, 2017
Article             Description           Section             Description
Art. 1    Definitions                     s3        Interpretation section
Art. 2    Illegal access                  s6; s8    Unlawful access; unlawful
                                                    acquisition of data.
Art. 3    Illegal interception            s7        Unlawful interception of data.
Art. 4    Data interference               s9        Unlawful interference with data
                                                    or data storage system
Art. 5    System interference             s10;      Unlawful interference with
                                          s11       computer system; unlawful
                                                    disclosure of data code
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

Comparison between the provisions of the Budapest Convention and the Cybercrime
and Cybersecurity Bill, 2017 of Zimbabwe
          Budapest Convention            Cybercrime and Cybersecurity Bill, 2017
Article             Description         Section              Description
Art. 6    Misuse of devices             s12        Unlawful use of data or
                                                   devices
Art. 7    Computer-related forgery      s23        Cyber-forgery and
                                                   transmission thereof
Art. 8    Computer-related fraud        s21; s24   Cyber-fraud; Computer-related
                                                   financial offences
Art. 9    Child pornography             s30; s31 Child pornography; Exposing
                                                 children to pornography
Art. 10   IPR offences                  s25        Violation of intellectual PRs
Art. 12   Corporate liability           s37        Obligations of service
                                                   providers
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

Comparison between the provisions of the Budapest Convention and the Cybercrime
and Cybersecurity Bill, 2017 of Zimbabwe
          Budapest Convention                   Cybercrime and Cybersecurity Bill, 2017
Article              Description               Section              Description
Art. 14   Scope and procedural                 s32        Application of procedural law
          provisions
Art. 16   Expedited preservation               s34        Expedited preservation
Art. 17   Expedited preservation &             s35        Partial disclosure of traffic
          partial disclosure of traffic data              data
Art. 19   Search and seizure                   s33        Search and seizure
Art. 20   Real-time collection of traffic      s36        Collection of traffic data
          data
Art. 21   Interception of content data         s35        Partial disclosure of data
Art. 22   Jurisdiction                         s38        Jurisdiction
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

MALABO CONVENTION:
• African Union Convention on Cybersecurity and
  Protection of Personal Data
• Adopted , but not yet in effect because only 3 countries
  have ratified the Convention to date and 11 have
  signed it.
• On the 17th of October 2018, the AU Commission, in
  particular Dr. Amani Abou-zeid reportedly urged the
  member states to ratify the Convention immediately.
• This Convention needs 15 countries to ratify it in order
  to come into effect – article 36
MALABO CONVENTION: UPDATE ON MEMBER STATES
       Countries              Date signed       Date ratified/ accession
1. Benin                        28.01.15                      -
2. Chad                         14.06.15                      -
3. Comoros                      29.01.18                      -
4. Congo                        12.06.15                      -
5. Ghana                        04.07.15                      -
6. Guinea-Bissou               31.01.15                       -
7. Guinea                          -                      31.07.18
8. Mozambique                  29.06.18                       -
9. Mauritania                  26.02.15                       -
10. Mauritius                      -                      06.03.18
11. Senegal                        -                      03.08.16

12. Sierra Leone               29.01.16                       -

13. Zambia                     29.01.16                       -
An Analytical Approach To Cybersecurity And Cybercrime From
 A Legislative Perspective In The New Digital Age In Zimbabwe
MALABO CONVENTION – PREAMBLE:
• Guided by the Constitute Act of the African Union adopted in 2000.
• The preamble of this Convention reflects that in its objectives and aims, it is
  intended that:
- It establishes a legal framework for Cyber-security and Personal Data
  Protection which embodies the existing commitments of African Union
  Member States at sub-regional, regional and international levels to build the
  Information Society.
- It reaffirms the commitment of member states to fundamental freedoms and
  human and peoples’ rights contained in the declarations, conventions and
  other instruments adopted within the framework of the African Union and the
  United Nations.
- It establishes regulatory framework on cyber-security and personal data
  protection that takes into account the requirements of respects for the rights
  of citizens, guaranteed under the fundamental texts of domestic law and
  protected by international human rights Conventions and Treaties,
  particularly the African Charter on Human and Peoples’ Rights.
An Analytical Approach To Cybersecurity And Cybercrime From
 A Legislative Perspective In The New Digital Age In Zimbabwe
MALABO CONVENTION – PREAMBLE:
- It is also meant to regulate a particularly evolving technological domain, and
  also sets forth the security rules essential for establishing a credible digital
  space for electronic transactions, personal data protection and combating
  cybercrime.
- That in terms of criminal procedural law, it defines the framework for the
  adaptation of the standard proceedings concerning information and
  telecommunication technologies and spells out the conditions for instituting
  proceedings specific to cybercrime.
- It addresses the need for harmonized legislation in the area of cyber-security
  in member states of the African Union, and to establish in each State party a
  mechanism capable of combating violations of privacy that may be generated
  by personal data collection, processing, transmission, storage and use
- It addresses the need for the protection under criminal law of the system
  values of the Information Society as a necessity prompted by security
  considerations; that is reflected primarily be the need for appropriate criminal
  legislation in the fight against cybercrime in general, and money laundering in
  particular;
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

SADC MODEL LAW: COMPUTER CRIME AND CYBERCRIME
• This model is cited as an achievement of a regional activity carried out
  under the HIPSSA project (“Support to the Harmonization of ICT Policies in
  Sub-Sahara Africa”) officially launched in Addis Ababa in December 2008
• Works as a template generated to guide states on the legal and regulatory
  framework to be adopted in creating ICT policies for their respective legal
  systems in addressing cybercrime.
• A look at the incoming laws of Zimbabwe; particularly the Cybercrime
  and Cybersecurity Bill, 2017, the Data Protection Bill, 2013 and the
  Electronic Transactions and Electronic Commerce Bill, 2013; shows that
  the legislature adopted the outline set out in the SADC Model Law.
• Initially sections 42, 43 and 44 of the Data Protection Act expressly
  showed that the legislature adopted the SADC Model Law, the influence
  was so apparent, but was later cancelled so as to accommodate
  international law.
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

                        Malabo
                       Convention
   Budapest                                   SADC
  Convention                                Model Law
                        1. Cybercrime &
                       Cybersecurity Bill
                       2. Data Protection
                               Bill
                          3. Electronic
                        Transactions Bill
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe
         LEGISLATION ON CYBERSECURITY AND CYBERCRIME IN ZIMBABWE
         CURRENT LEGISLATION                        FUTURE LEGISLATION
1. Constitution of the Republic of        1. Cybercrime and Cybersecurity Bill,
Zimbabwe (Amendment NO. 20) 2013          2017
2. Access to Information and Protection   2. Data Protection Bill, 2013
of Privacy Act [Chapter 10:27]
3. Criminal Law (Codification and         3. Electronic Transactions and Electronic
Reform) Act [Chapter 9:23]                Commerce Bill, 2013
4. Interception of Communications Act
[Chapter 11:20]
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe
CONSTITUTION OF THE REPUBLIC OF ZIMBABWE, 2013
•   Section 51 – right to human dignity – every person has inherent dignity in their private and
    public life, and the right to have that dignity respected and protected.
•   Section 52 – right to personal security – (a) every person has the right to bodily and
    psychological integrity, which includes the right to freedom from all forms of violence from
    public and private sources.
•   Section 53 – freedom from torture or cruel, inhuman or degrading treatment or punishment
    – no person may be subjected to physical or psychological torture or to cruel, inhuman or
    degrading treatment or punishment.
•   Section 57 – right to privacy – (d) every person has the right to privacy, which includes the
    right not to have the privacy of their communications infringed.
•   Section 61 – freedom of expression and freedom of the media – (5) excludes (a) incitement
    to violence; (b) advocacy of hatred or hate speech; (c) malicious injury to a person’s reputation
    or dignity; or (d) malicious or unwarranted breach of a person’s right to privacy.
•   Section 62 – access to information – provides for right of access to any information held by
    any person, held by the State or by any institution – correction thereof – including
    enactment of legislation to give effect to this right within the confines of the Constitution’s
    principles.
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

Criminal Law (Codification and Reform) Act
• Section 162 – Interpretation section
• Section 163 – Unauthorized access to or use of computer or
   computer network
• Section 164 – Deliberate introduction of computer virus
   into computer or computer network
• Section 165 – Unauthorized manipulation of proposed
   computer programme
• Section 166 – Aggravating circumstances (s163, s164, s165)
• Section 167 – Unauthorized use of credit or debit cards
• Section 168 – Unauthorized use of password or pin-number
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe

Access of Information and Protection of Privacy Act
• members of the public have a right of access to records
  and information held by public bodies;
• public bodies are accountable – public has a right to
  request correction of misrepresented personal
  information;
• Prevention of unauthorised collection, use or
  disclosure of personal information by public bodies; to
  protect personal privacy;
• regulation of the mass media;
• Establishment of a Media and Information Commission
An Analytical Approach To Cybersecurity And Cybercrime From
A Legislative Perspective In The New Digital Age In Zimbabwe
INTERCEPTION OF COMMUNICATIONS ACT
• To govern the lawful interception and monitoring of certain
   communications in the course of their transmission through a
   telecommunication, postal or any other related service or system in
   Zimbabwe; Enacted 3 August 2007
• Section 1 – short title of the Act
• Section 2 – Interpretation section
• Section 3 – Control interception – can intercept telecommunication if
   party to or have been given consent by a party to the communication;
   except for bona fide interception during the course of provision,
   installation, maintenance or repair of telecommunication
• Section 4 – Establishment of monitoring centre
• Section 5 – Authorised persons to apply for warrant of interception
• Section 6 – issue of warrant
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

INTERCEPTION OF COMMUNICATIONS ACT
• Section 7 – Scope of warrant and renewal thereof
• Section 8 – Evidence obtained by unlawful interception – inadmissible –
   criminal proceedings
• Section 9 – Assistance by service providers
• Section 10 – Duties of Service providers in relation to customer – must
   obtain personal information – basically – name, physical address, ID
   details
• Section 11 – Notice of disclosure of protected information – by authorised
   person to key holder of protected information
• Section 12 – Interception capability of telecommunication service –
   service provider must provide service that can be intercepted & store call-
   related information
• Section 13 – Compensation payable to service provider or protected
   information key holder – must be by the State and according to
   reasonable tariffs prescribed by the Minister.
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Cybercrime and Cybersecurity Bill, 2017
• To provide for and to consolidate cyber-related offences with due
  regard to the Declaration of Rights under the Constitution and the
  public and national interest;
• to establish a Cyber Security Centre and to provide for its
  functions; provide for investigation and collection of evidence of
  cyber-crime;
• to provide for the admissibility of electronic evidence for such
  offences; to create a technology-driven business environment;
• to encourage technological development and the lawful use of
  technology;
• to amend section 162 and to repeal sections 163 to 166 of the
  Criminal Code (Codification and Reform) Act [Chapter 9:23];
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Data Protection Bill, 2013
• An Act to govern the processing of personal
  information by private and public bodies,
• to prevent unauthorised and arbitrary use,
  collection, processing, transmission and storage
  of data of identifiable persons,
• to provide for the regulation of data protection,
  to establish a Data Protection Authority and
• to provide for matters connected therewith or
  incidental to the foregoing.
DATA PROTECTION ACT
• Section 1 – Short title              • Section 23 – Authority to
• Section 2 – Interpretation             process
• Section 3 – Scope of application     • Section 24 – Security
• Section 4 to 14 – Data Protection    • Section 25 – Security breach
                                         notification
  Authority
                                       • section 26 – Obligation of
• Section 15 to 20 – Quality of Data     notification to the Authority
• Section 21 – disclosure when         • Section     27     –    Content
  collecting data directly from data     notification
  subject                              • Section 28 – Authorization
• Section 22 – Disclosure when not     • Section 29 – Openness of the
  collecting data directly from data     processing
  subject                              • Section 30 – Accountability
                                       • Section 31 – Right of Access
DATA PROTECTION ACT
• Section 32 – Right of         • Section 36 – Decision
  rectification, deletion and     taken purely on the basis
  temporary limitation of         of      automatic     data
  access                          processing
• Section 33 – Right of         • Section        37        –
  objection                       Representation of that
• Section 34 – Delays             data subject – child
• Section 35 – Further          • Section        38        –
  Regulation                      Representation of data
                                  physically, mentally or
                                  legally      incapacitated
                                  subjects
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

ELECTRONIC TRANSACTIONS AND ELECTRONIC COMMERCE BILL, 2013
• to promote legal certainty and enforceability to electronic
  transactions and electronic commerce,
• to grant legal recognition to electronic communications and writing,
  to provide for the legal effect of electronic signatures and secure
  electronic signatures,
• to make provision for the admissibility and evidentiary weight of
  electronic evidence,
• to provide for the time and place of the dispatch and receipt of
  electronic communications and electronic contract formation,
  transactions,
• to protect consumers in the on-line environment and to prohibit
  certain electronic marketing practices, to provide for the limitation
  of liability of service providers,
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe
ELECTRONIC TRANSACTIONS AND ELECTRONIC COMMERCE BILL, 2013
• Section 4 – Legal recognition of electronic communications – data
   message – valid and enforceable
• Section 5 – Recognition by parties of electronic communications –
   electronic communications – statement, declaration of will or any other
   action – valid and enforceable
• Section 7 – Signature – electronic signature valid – if it complies with
   Regulation requirements
• Section 8 – Creation and recognition of secure electronic signature
• Section 11 – Formation and validity of contracts
• Section 26 – Obligations of supplier – consumer protection – must provide
   business information – full business details, contact, address, email,
   description and price of product, terms of transaction, maintain record of
   transaction and give access thereto.
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Cyber-crime and the existing laws in Zimbabwe
• EcoCash fraud – section 136 Codification
• Ransomware; hacking – section 163 of the Codification
• Malware – section 164 of the Codification
• Card cloning – section 167 of the Codification
• Identity theft – section 113, 136
• Revenge porn – section 61(5)(c) & (d); section 57(d) of
  the Constitution
• Cyber-fraud – section 136 of the Codification
• Cyber-bullying – criminal insult – section 95 of the
  Codification
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe
                              •   WHY IS LEGISLATION IMPORTANT?
                              -   To instil legislative governance of the
                                  cyberspace activities;
                              -   To establish a regulatory system that
                                  promotes cybersecurity;
                              -   To establish a legal framework aimed at
                                  governance of the protection of personal
                                  data;
                              -   To establish a legal framework for the
                                  criminalization of cybercrimes;
                              -   To establish a regulatory legal framework
                                  that makes provision for accountability of
                                  service providers;
                              -   To create a legal framework that
                                  implements compliance of international
                                  instruments that promote legislative
                                  redress on cybersecurity, cybercrimes
                                  and protection of personal data.
FIVE LAWS OF CYBERSECURITY
by Nick Espinosa
                                   1. If there is a
                                 vulnerability, it will
                                    be exploited.

       2. Everything is
                                                                  5. When in doubt,
     vulnerable in some
                                                                    see Law No. 1
             way.

               3. Humans trust                            4. With innovation
               even when they                             comes opportunity
                  shouldn’t.                               for exploitation.
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

CASE STUDIES:
• Chigumba Tweet Case – State versus Night Tawona
  Shadaya – Section 95 – criminal insult
• State versus Isaiah Marange – OK Zimbabwe Case –
  hacked into OK Zimbabwe’s Money Wave System and
  prejudiced the company of $70 000.00
• Martha O’donovan Case – Subverting a constitutional
  government – s22 of Code – offence committed on twitter
• Fadzayi Mahere versus Petinah Gappah – Mahere sued
  Gappah for defamation of character over tweet for 1million
• Liberty Life Assurance Case – Ransomware case – in South
  Africa – prominent customers’ personal data breach
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Chigumba Tweet Case: Magistrate Allows Suspect To Change Plea To Not Guilty
October 19, 2018
      Harare Magistrate Rumbidzai Mugwagwa has ruled that Night Shadaya Tawona (25) from
     Chitungwiza can change his plea to not guilty. Shadaya is facing charges of criminal insult after he
     allegedly retweeted a tweet from a parody account pretending to be Zimbabwe Electoral
     Commission (Zec) chairperson Priscilla Chigumba. The tweet in question said,
I can’t wait for the election fiasco to come to an end. I could do with a holiday and some good sex. My
     body needs a break.
     Tawona initially pleaded guilty to the charges and told the court that he was drunk when he
     retweeted the offensive tweet. He apologised for the tweet and warned other people not to make
     the same mistake on social media platforms. However, before magistrate Rumbidzai Mugwagwa
     could sentence him, Tawona received legal representation from the Zimbabwe Lawyers for Human
     Rights (ZLHR). His lawyer Noble Chinhanu told the court that Shadaya had pleaded guilty because
     he had been pressured to do so and because he was not aware of the elements of the case. He
     argued that Shadaya should not be charged with any crime as he had no intention to defame or
     insult Chigumba since he believed that the account was hers. Chinhanu told the court,
My client genuinely believed that the account belonged to Chigumba at the time of retweeting and
     therefore did not impair the reputation of the complainant. She did that herself.
The matter was postponed to November 5 for trial.
  https://news.pindula.co.zw/2018/10/19/chigumba-tweet-case-magistrate-allows-retrial-after-shadaya-
                                                                               changes-plea-to-not-guilty/
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Challenges:
• Current legislation is inadequate to address legal
  challenges that the judiciary system is currently
  burdened with; cybercrimes and computer-related
  issues – cyberforensics
• Current legislation does not address cases being
  currently reported; E.g. identity theft, cyber-fraud
• Stake holders in the justice delivery system are forced
  to improvise.
• Inadequate training of stake holders in the justice
  delivery system to deal with cybercrimes, using the
  current legislation
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe

Recommendations:
• Train stake holders on how to deal with cybercrimes,
  cyberforensics and cybersecurity issues using current
  legislation.
• Consultative redress of legislation involving I.T.
  experts, litigants, investigators, and adjudicators.
• Legislature needs to implement legislative redress.
• Legislature needs to enact all the bills held by the
  Attorney General’s office.
An analytical Approach To Cybersecurity and Cybercrime From
a Legislative Perspective In The New Digital Age in Zimbabwe
THANK YOU!!!!
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