South Sudan, the youngest country in Africa, requires technological transformation to enable economic development as well as freedom of expression and access to information. Article 22 of the Transitional Constitution of South Sudan 2011 guarantees the right to privacy. South Sudan has also ratified the International Convention on Civil and Political Rights (ICCPR) that provides for the right to privacy under article 17 and the African Charter on Human and Peoples Rights, whose article 5 provides for the right to respect one’s dignity, which includes the right to privacy. However, South Sudan is yet to sign and ratify the African Union Convention on Cyber Security and Personal Data Protection. Information and communication technologies (ICT) are fast evolving in the country, with three mobile operators and 24 licensed internet service providers (ISPs). Indeed, efforts are being placed on the development of the relevant infrastructure, as a result of which technology could spur economic development in the country. Internet penetration is estimated at 16.8%, and 23% of the country’s population of 11.29 million is connected to mobile phones. South Sudan has recently enacted the Cybercrimes and Computer Misuse Provisional Order, 2021 (the Order). While this is timely legislation to counter challenges that come with increased digitalisation, the Order has some concerning provisions for the uptake of ICT and for the enjoyment of online rights and freedoms. This brief explores the pros and cons of the Order.
