Home 9 Digital rights 9 Recommittal of Cyber Security Bill in the Senate: Letter to Parly

Recommittal of Cyber Security Bill in the Senate: Letter to Parly

Cybersecurity and Data protection bill, 2021, senate, digital rights, Zimbabwe
4 Aug, 2021
The Cyber Security and Data Protection Bill which was gazetted in May 2020 and subjected to public hearings in July 2020, has now been recommitted in Senate following its passing in the National Assembly.

MISA Zimbabwe has written to the Speaker of Parliament to highlight its concerns arising from the recommittal of the Cybersecurity and Data Protection Bill to the Senate. Below is a copy of the letter sent to Parliament this morning;

4 August 2021

Honourable Advocate Jacob Mudenda
Speaker of the National Assembly
Parliament of Zimbabwe
Nelson Mandela Avenue
HARARE

Dear Honourable Speaker,

Re: Recommittal of Cyber Security and Data Protection Bill in the Senate

MISA Zimbabwe by virtue of this letter, together with the undersigned organisations, writes to you to humbly highlight and express our concerns on developments arising from the recommittal of the Cybersecurity and Data Protection Bill to the Senate.

It is our humble submission that this development is undoubtedly of national significance and interest which deserves your esteemed attention and all the necessary due processes in line with the constitutional role and obligations of the Parliament of Zimbabwe.

The Cyber Security and Data Protection Bill which was gazetted in May 2020 and subjected to public hearings in July 2020, has now been recommitted in Senate following its passing in the National Assembly.

This recommittal is a clear indication that there are significant errors that have been noted necessitating substantive amendments to the Bill.

In light of the above, we, the undersigned organisations, hereby petition Parliament and the Parliamentary Portfolio Committee on Information Communication Technology, Postal and Courier Services to subject the amended Bill to public hearings.

Our position, through this petition for purposes of fostering and entrenching Zimbabwe’s constitutional democracy, is informed by the following reasons:

  • Section 141 of the Constitution stipulates that Parliament must facilitate public involvement in its legislative and other processes and in the processes of its committees.
  • In addition, Parliament should ensure interested parties are consulted about Bills being considered by Parliament unless such consultation is inappropriate or impracticable.
  • The Cybersecurity and Data Protection Bill has clearly been subjected to significant changes and varied substantively from the gazetted Bill that was subject to public hearings.
  • Passing this Bill into law, in its amended form without public consultation on the various changes is tantamount to violating the constitutional rights of citizens to participate and influence the law-making process.
  • In light of the errors of a material nature that have been noted and acknowledged by the Senate, there is a need for an extensive review of the Bill with further input from the general public as well.
  • To act and proceed otherwise, would be tantamount to Parliament undermining its duty to consult the public on key legislative developments.
  • A law that addresses issues relating to cybersecurity, data protection and data privacy, affects every citizen, hence the need for a multi-stakeholder approach in its framing.
  • Following the public hearings in July 2020, a Parliamentary Committee report was produced, which proposed recommendations as collected and compiled from the public consultations carried out.
  • These recommendations should have informed and guided the changes made to this Bill. If significant changes outside the proposed recommendations have been further made, resulting in the substantive deviation from the original Bill, it is only reasonable, necessary and justifiable that the Bill, in its current state, be subjected to public hearings.

We are therefore appealing to you Honourable Speaker, the Clerk of Parliament, and Chairperson of the Parliamentary Committee on Information and Communication Technology, Courier and Postal Services, by virtue of the authority vested in you, to again subject the Bill to scrutiny by the people in the spirit of promoting, respecting and upholding the tenets of democracy.

The Cyber Security and Data Protection Bill is a key piece of legislation as it impacts the social, political and economic landscape of Zimbabwe.

A strong cybersecurity and data protection framework is critical for the exercise and enjoyment of human rights, trade,  increased investments and Zimbabwe’s socio-economic development.

Thank you for your kind consideration.

Golden Maunganidze
Chairperson

Endorsed by:
Content Creators Network of Zimbabwe
Media Alliance of Zimbabwe
Zimbabwe Online Content Creators
Zimbabwe NGO Forum
Zimbabwe Human Rights Association
Zimbabwe Lawyers for Human Rights

About MISA

The Media Institute of Southern Africa (MISA) was founded in 1992. Its work focuses on promoting, and advocating for, the unhindered enjoyment of freedom of expression, access to information and a free, independent, diverse and pluralistic media.

Share this

Related news

FOX Fellowships ( Call for Applications)

FOX Fellowships ( Call for Applications)

DW Akademie in collaboration with the Spaces of Solidarity coalition of Media Freedom Advocates offer five FOX Fellowships of 1,000 EUR (~ 1,100 USD) for activists, media professionals, media freedom and freedom of expression advocates to foster free expression in the...

The Freedom of Expression  Climate survey 2025- Now Available!

The Freedom of Expression Climate survey 2025- Now Available!

Southern Africa has in its history never faced such crossroads in the wake of the USA’s global funding cuts and dealing with high stakes that are borne of elections and rapid technological changes. The headwinds are further compounded by the debilitating effects of...

Welcome address by the Chairperson of MISA Zambia, Lorraine Mwanza

Welcome address by the Chairperson of MISA Zambia, Lorraine Mwanza

Ladies and gentlemen, it is my great pleasure to welcome you to this year’s Spaces of Solidarity meeting, where we again gather to discuss issues that are relevant to us. I am pleased to see both old faces, which speak to continuity, and new faces, indicating that our...