COMPUTER SOCIETY OF ZIMBABWE SUMMER SCHOOL 2018: VIC FALLS 07-10 - - PowerPoint PPT Presentation

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

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

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

• ffences 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.

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.

Report on the world’s legislative landscape in 2000 by McConnell International LLC:

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

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

Report on the world’s legislative landscape by David Banisar in January 2018:

LEGISLATION CONVENTION

• Legislation is the law or body of rules

that has been enacted by the legislature

• r any governing body that has the

mandate to make the law in a country.

• A convention is an agreement in

international law that is made between countries to address particular legal issues of concern.

• Legislation also refers to a law that is yet

to be enacted by the legislature or governing body, known as a “bill”.

• Member states agree to a convention by

way of being signatories – signing the convention, ratifying or acceding to the convention (i.e. ratification or accession

• f a convention).
• Legislation can be drafted in such a

manner so as to adopt principles contained in a convention.

• The convention can set out how it is

deemed to come into force; subject to 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

• ffences 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

• r data storage system
• Art. 5

System interference s10; s11 Unlawful interference with 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 provisions s32 Application of procedural law

• Art. 16

Expedited preservation s34 Expedited preservation

• Art. 17

Expedited preservation & partial disclosure of traffic data s35 Partial disclosure of traffic data

• Art. 19

Search and seizure s33 Search and seizure

• Art. 20

Real-time collection of traffic data s36 Collection of traffic 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

• n

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

• ther 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

• f 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

• f

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

• 1. Cybercrime &

Cybersecurity Bill

• 2. Data Protection

Bill

• 3. Electronic

Transactions Bill

Budapest Convention Malabo Convention SADC Model Law

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

Zimbabwe (Amendment NO. 20) 2013

• 1. Cybercrime and Cybersecurity Bill,

2017

• 2. Access to Information and Protection
• f Privacy Act [Chapter 10:27]
• 2. Data Protection Bill, 2013
• 3. Criminal Law (Codification and

Reform) Act [Chapter 9:23]

• 3. Electronic Transactions and Electronic

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

• r 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

• f

misrepresented personal information;

• Prevention
• f

unauthorised collection, use

• r

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

• f

certain communications in the course

• f

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
• btain 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
• ffences; 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

• f 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 2 – Interpretation
• Section 3 – Scope of application
• Section 4 to 14 – Data Protection

Authority

• Section 15 to 20 – Quality of Data
• Section 21 – disclosure when

collecting data directly from data subject

• Section 22 – Disclosure when not

collecting data directly from data subject

• Section

23 – Authority to process

• Section 24 – Security
• Section 25 – Security breach

notification

• section 26 – Obligation of

notification to the Authority

• Section

27 – Content notification

• Section 28 – Authorization
• Section 29 – Openness of the

processing

• Section 30 – Accountability
• Section 31 – Right of Access

DATA PROTECTION ACT

• Section 32 – Right of

rectification, deletion and temporary limitation

• f

access

• Section 33 – Right of
• bjection
• Section 34 – Delays
• Section

35 – Further Regulation

• Section

36 – Decision taken purely on the basis

• f

automatic data processing

• Section

37 – Representation

• f

that data subject – child

• Section

38 – Representation

• f

data physically, mentally

• r

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

• f 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

• n

cybersecurity, cybercrimes and protection of personal data.

FIVE LAWS OF CYBERSECURITY by Nick Espinosa

• 1. If there is a

vulnerability, it will be exploited.

• 5. When in doubt,

see Law No. 1

• 4. With innovation

comes opportunity for exploitation.

• 3. Humans trust

even when they shouldn’t.

• 2. Everything is

vulnerable in some way.

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

• f

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!!!!