1st Edition

The Internet, Development, Human Rights and the Law in Africa

Edited By Danwood Chirwa, Caroline Ncube Copyright 2023

    This book tracks and critiques the impact of the internet in Africa. It explores the legal policy implications of, and legal responses to, the internet in matters straddling human rights, development, trade, criminal law, intellectual property and social justice from the perspective of several African countries and the region. Well-known and emerging African scholars consider whether access to the internet is a human right, the implications on the right to privacy, e-commerce, cybercrime, the opportunities and dangers of admitting electronic evidence, the balancing of freedom of expression with the protection of intellectual property and how different African legal systems address this tension. This book will be an invaluable resource for a wide range of stakeholders, including researchers, scholars and postgraduate students; policymakers and legislators; lawyers and judicial officers; crime-fighting agencies; national human rights institutions; civil society organisations; international and regional organisations; and human rights monitoring bodies.

    1.The Internet, Development and Human Rights in Africa: Introduction
    Danwood M. Chirwa and Caroline B. Ncube

    2.Access to the Internet as a Human Right
    Danwood M. Chirwa and Desmond O. Oriakhogba

    3.Privacy as a Human Right in Africa and the Global Internet
    Alex B. Makulilo

    4.Data Subject Privacy and mHealth: Insights from Kenya and South Africa
    Pamela Andanda, Jane Wathuta and David Coles

    5.The Internet, Freedom of Expression and Intellectual Property
    Caroline B. Ncube

    6.A Legal Framework for e-Commerce in Africa: Progress and Prospects
    Pieter G.J. Koornhof

    7.ICTs, Crime, and Human Rights: The African Experience
    Lewis C. Bande

    8.The Internet and Dispute Resolution
    Robin Cupido

    9.The Internet and the Law of Evidence
    Lee Swales and Rilwan F. Mahmoud

    10.The Internet, Development and Human Rights in Africa: Reflections and Insights
    Caroline B. Ncube and Danwood M. Chirwa


    Danwood M. Chirwa is Dean and Professor of Law at the University of Cape Town. A former chair of the board of the trustees of the UN Trust Fund on Contemporary Forms of Slavery and a member of the South African Legal Practice Council and of the Council of the University of Cape Town, he holds a PhD from the University of the Western Cape, an LLM from the University of Pretoria and an LLB from the University of Malawi.

    Caroline B. Ncube holds the DSI/NRF SARChI Research Chair in Intellectual Property, Innovation and Development at the University of Cape Town. She also lectures on the WIPO-ARIPO-Africa University Master’s Degree in IP. She is an Associate Member of the Centre for Law, Technology and Society, University of Ottawa. She holds a PhD from the University of Cape Town, an LLM from the University of Cambridge and an LLB from the University of Zimbabwe.

    'The internet has a major role to play in economic development. It lifts individuals out of poverty, improves access to education, information and the market. It has greatly affected the lives of people in developing countries and elsewhere in overwhelmingly positive ways. However, without appropriate regulation it is susceptible to abuse. The book looks at ways in which the internet while respecting human rights can foster economic development. It recognizes the huge inequality in access to the internet between citizens of developed and developing economies. To bridge the gap will require huge investments in technology and communications. The book makes an important contribution to the study of the internet, development, and human rights. It is a must read for a wide spectrum of researchers, and policy makers across the fields of law, economics, human rights, development studies, and information technology, in Africa and beyond.'

    Muna Ndulo, William Nelson Cromwell Professor of International and Comparative Law, Cornell Law School, USA.