CYBER CRIME & CYBER SECURITY TRENDS IN AFRICA 53 3. The Situation In Africa The Current State of Cyber Crime Legislation A cursory overview of the 54 countries of Africa in terms of specific criminal law provisions on cyber crime and electronic evidence suggests that by April 2016: • 11 States seemed to have basic substantive and procedural law provisions in place (Botswana, Cameroon, Côte d’Ivoire, Ghana, Mauritania, Mauritius, Nigeria, Senegal, Tanzania, Uganda and Zambia) although implementing regulations may still be missing in one or the other country.11 • A further 12 States seemed to have substantive and procedural law provisions partially in place (Algeria, Benin, Gambia, Kenya, Madagascar, Morocco, Mozambique, Rwanda, South Africa, Sudan, Tunisia and Zimbabwe). • The majority of African States (30) did not have specific legal provisions on cyber crime and electronic evidence in force. • Draft laws or amendments to existing legislation reportedly had been prepared in at least 15 States (Burkina Faso, Djibouti, Ethiopia, Guinea, Kenya, Lesotho, Mali, Morocco, Namibia, Niger, South Africa, Swaziland, Togo, Tunisia, and Zimbabwe).12 In some instances, bills had been presented to national parliaments, in others the fate of draft laws is uncertain. Country Indicative status of specific criminal law provisions on cyber crime and electronic evidence (as of April 2016, based on information available) • Partial legislation in force Algeria Partial Angola No Benin Partial • Criminal Code of 2004 for substantive law • Law n° 09- 04 on specific rules on the prevention and the fight against offences related to information and communication technologies of 2010. • No specific legislation in force • Amendments to criminal code including substantive criminal law provisions under discussion for several years • Substantive criminal provisions on cyber crime in Law 2011-20 on corruption and related offences (12 October 2011) • No specific procedural law provisions • Cyber Crime and Computer-related Crimes Act 2007 Botswana Yes Burkina Faso No Burundi No Cabo Verde No Cameroon Yes • Law 2010/012 (21 December 2010) relating to Cyber security and Cyber criminality Central African Republic No • No specific legislation in force 11 12 • Electronic (Evidence) Records Act 2014 for admissibility of electronic evidence • No specific legislation in force • Draft law on cyber crime (substantive law) • Partial substantive law provisions in Penal Code 2009 • No specific legislation in force • Draft law on cyber crime following Budapest Convention (2016) In addition, Chad reportedly adopted a law on cyber crime in July 2014 but the text was not accessible when the present report was finalised. Reform efforts may also be underway in additional States but may have been ignored for lack of accessible information.