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Cyber Crime and Cyber Security Bill: A wake up call for Zimbabwe’s opposition parties

Over the years I have deliberately avoided writing about the Economic Freedom Fighters (EFF), South Africa’s vibrant opposition party that was formed in 2013 as I felt that it was too early to measure and evaluate its achievements. The EFF is famed for its vibrancy in the South African Parliament. Not only this, they have also been credited for inciting the public to speak out against injustices that include the Marikana incident, demanding the Executive to be more democratic and transparency among other issues. The strength of the EFF has been its ability to measure the gains of post independent South Africa against those enunciated in the Freedom Charter that was adopted in June 1955.What was striking about the Freedom Charter is that it harboured the aspirations of all the diverse races in South Africa.

Its preamble sought to address the more contentious issue of race given the diverse races that even make up present day South Africa. Therefore, its preamble was clear in that it specified that South Africa as a sovereign country belonged to all people who live in it, black or white. In short, the charter was in essence inclusive and neither racially loaded or exclusive of any group. It is to this important aspect that the charter owes its majesty. And it is from this seed that the much-lauded South African constitution took root and grew. It is this clarity by the EFF that has allowed it to gain national audience especially on issues that range from economic to political. What is interesting about the EFF is the fact it’s not the only the political party made up of comrades from the ruling African National Congress (ANC). In 2008, former ANC stalwarts Mosiuoa Lekota, Mbhazima Shilowa and Mluleki George founded the Congress of the People (COPE) but its popularity, if any was short lived as it failed to rally numbers around key issues such as inequalities that cut across race and tribes.

What I somehow emulate about the EFF is that it is a fairly new political party that has been in existence for less than 5 years but in this shortest period, it has managed to achieve quite a handful of feats that some opposition parties across the African continent can only yearn for. Since the EFF won seats in 2014,it has transformed the South African parliament to be more vibrant and explosive thereby encouraging citizens to give attention and follow parliamentary procedures which had been naturally ignored since the country’s independence in 1994.The EFF has also stirred debates in parliament demanding the Executive to be more accountable and publicly calling President Zuma to pay back the money that he allegedly used to improve his rural home of Nkandla among other key issues. So yes, this is what an opposition party that is still in its infantry stage is doing across the Limpopo. Time would fail me if I begin to talk about the numerous times the EFF has been ejected from Parliament as they protest against procedures and policies.

Why are opposition parties silent on the Implications of the Cyber Crime and Cyber Security Bill?

The Sunday mail carried an article on the Cyber Crime and Cyber Security Bill. The article revealed that if the bill is to be passed into law, citizens who abuse social media or any other computer based systems will be prosecuted. The bill has been described by experts as an infringement on fundamental human rights and freedoms by the government meant to tighten its grip over the control of cyber space and spy on citizens. Misa Zimbabwe, a vibrant media advocacy and lobbying group has stated that the Cyber Crime and Cyber Security bill infringes on basic people’s rights, including freedom of expression. This article is not dedicated to analyze the provisions of this bill but on the seemingly surreal silence by opposition parties that have Legislators in Parliament. Why there is no national discourse even across opposition party supporters especially on this bill still baffles the mind given that most of their activities that include demonstrations rely heavily on the use of social media platforms. Of late I have been following religiously the Parliamentary debates aired on the national broadcaster and I have been deeply saddened by lack of consensus among opposition MPs in parliament over issues that they put on the agenda. What I have witnessed are incidences of heckling and tired jokes right in the house! I have not heard or seen any incidence where Parliament was momentarily shut down as opposition parties push for an important agenda. The few who get opportunities to move motions in Parliament have however concentrated on petty issues such as ZANU PF’s factional fights and the issue of succession. This has in turn reduced Parliament to a theatrical platform where tired jokes and non-issues reign supreme. Legislators such as James Maridadi have however raised critical issues that deserve applause.

Opposition parties that have legislators in Parliament must also identify from amongst themselves resource personnel with strong research skills who can better articulate and present evidence based issues rather than cheap political slogans. Opposition parties in Parliament also have a lot of arsenal at their disposal. There is also the opportunity presented by Parliamentary Portfolio Committees that have in the past or present chaired by opposition party legislators. These committees offer an opportunity for opposition legislators to address, probe and scrutinize transparency, corruption and procurement within government Ministries.

In the final analysis, the Cyber Crime and Cyber Security Bill presents a window of opportunity for opposition legislators and the nation at large to say no to such repugnant and draconian piece of legislation. Of course different laws apply differently for different countries but for us in Zimbabwe, our past experiences with draconian legislation from the days of the enactment of the Public Order and Security Act (Posa) and the Access to Information and Protection of Privacy Act (Aippa) have taught us otherwise. While it is necessary to have laws that help to safeguard abuse of each other’s human rights, it’s equally necessary not to enact laws that curtail the enjoyment of fundamental human rights and freedoms such as freedom of expression that are well provided for in the constitution.

Rawlings Magede writes in his personal capacity here. He tweets @rawedges and be contacted on vamagede@gmail.com


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