1.3 Policy, Legal and Regulatory Framework
Botswana has developed a number of policies, regulatory and legislative instruments
which currently provide direction and guidelines on cybersecurity. The country has
no data protection and privacy law. Neither does it have any national governance
roadmap for cybersecurity. Some of the legislations and policies currently in place
that address cybersecurity related issues are:
Cybercrime and Computer Related Crimes Act No. 22 of 2007 which is
Communications Regulatory Authority Act No. 19 of 2012, which
Electronic Communications and Transactions Act No. 14 of 2014 is
“Electronic Records (Evidence) Act No. 13 of 2014. The Act provides
The National Information and Communications Technology Policy commonly
called (Maitlamo)” has also been adopted by the Country to guide the
development of ICT throughout the country.
intended to: combat cybercrime and computer related crimes, repress
criminal activities perpetrated through computer systems and to facilitate
the collection of electronic evidence. The Act is currently being reviewed to
address the latest technology changes and related cybercrimes.
provides for the regulation of the communication sector, comprising
telecommunications, Internet, Radio communications, Broadcasting, Postal
services and related matters.
intended to provide for the facilitation and regulation of electronic
communications and transactions. It is to provide specifically for electronic
commerce and electronic signatures as well as for matters incidental and
connected thereto. The associated secondary legislation (regulations) have
also been developed.
for the admissibility of electronic evidence in legal proceedings and
authentication of electronic evidence. The associated secondary legislation
(regulations) have also been developed.
1.4 Rationale
Cyber security is a global challenge. Thus, a co-ordinated multi-sector response
provides a route to building public confidence and trust in the use of ICTs. These
efforts rely on national actions among countries of the world, Botswana included.
One of the key challenges that the Government of Botswana is facing in this
information age is to ensure that the nation is secure against cyber threats.
Botswana is experiencing a growing dependence on Cyberspace for the delivery of
services essential to people’s daily lives, commerce, National security, innovation and
the general free flow of information. The increasing dependency on ICTs by both
public and private sectors, makes protection and sharing of information more critical
in order to protect the economic interests and security of Botswana and her citizens.
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National Cybersecurity Strategy