Database

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SOUTH AFRICA

Since February 2000
Since January 2004
Since November 2022, entry into force in January 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Preferential Procurement Policy Framework Act of 2000

Broad-Based Black Economic Empowerment (B-BBEE) Act of 2003

Preferential Procurement Regulations, 2022
Section 2 of the Preferential Procurement Policy Framework Act (PPPFA) of 2000 establishes a framework for implementing preferential procurement policies in South Africa. The PPPFA requires government entities to set criteria for evaluating tenders to protect and benefit "persons, or categories of persons, historically disadvantaged by unfair discrimination on the basis of race, gender, or disability".
In order to enforce the PPPFA, the Broad-Based Black Economic Empowerment (B-BBEE) Act was passed in 2003. Under Section 10 of the Act, a certain percentage of government contracts must be awarded to black-owned businesses. However, the exact percentage is not specified in the agreement because it is formula-based. The Act uses a scorecard system to measure the level of black economic empowerment (B-BBEE) of companies. It requires that government institutions give preference to companies with higher B-BBEE scores when awarding contracts.
In 2017, the Minister of Finance introduced more detailed Preferential Procurement Regulations, which include pre-qualification criteria for preferential procurement and specific procurement policies for designated sectors and tenders. However, the Constitutional Court struck down some provisions of these regulations in February 2022. As a result, the government published a new draft of the Preferential Procurement Regulations in November 2022, which came into effect in January 2023. Under the 2022 regulations, preference points continue to be awarded based on the offered price (80 or 90 points out of 100), with additional preference points (20 or 10 points) granted based on the achievement of specific goals set in the tender invitation, rather than solely on the B-BBEE score. These goals include contracting with historically disadvantaged individuals and implementing the Reconstruction and Development Programme (RDP). Furthermore, the 2022 regulations eliminate the use of 'prequalification criteria' in tenders, providing more discretion for state organs in applying their procurement policies. These regulations are placeholders until a new public procurement bill is finalised.
Coverage Horizontal

SOUTH AFRICA

Since March 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Practice Note on Local Content for Electronic and Information Technology Goods
Annex A of the Practice Note on Local Content for Electronic and Information Technology Goods published by the Department of Trade and Industry defines guidelines on local content for electronic and information technology goods in public tenders. The note requires a certain percentage of the value of ICT products to be of local origin. The local content requirement varies depending on the product and can range from 30% to 100%.
Coverage Electronic and information technology goods

SOUTH AFRICA

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
It is reported that the Preferential Procurement Regulations have created uncertainty regarding the criteria for identifying "specific previously disadvantaged groups" eligible for preference margins in procurement processes. Although the regulations do not mandate the use of the Broad-Based Black Economic Empowerment Act of 2013, state entities may still consider it alongside other objectives, such as employment equity, green procurement, and local content. While these regulations offer more flexibility, there are ongoing concerns that the allocation of preference points may not be fair, equitable, or transparent.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ZIMBABWE

Since March 2000

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 62, the telecommunication apparatus requires approval of the Authority before it is connected for use by a licensee. As a basis of approval, the Authority may publish a notice in the Gazette establishing standards to which an apparatus of a specified description shall conform to be approved. It is reported that self-declaration of conformity is not allowed in Zimbabwe.
Coverage Telecom equipment

ZIMBABWE

Since August 2020

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Mid-Term Monetary Policy Statement
According to Art. 47 of the Mid-Term Monetary Policy Statement, users are restricted to only one mobile wallet account per person and a daily transfer limit of ZW 5,000 (approx. USD 50). This applies to individuals for person-to-person transfers, person-to-merchant payments for goods and services, bill settlement and purchase of airtime. In addition, pursuant to Art. 50 merchants are not allowed to make payments from their wallets. This is also the case for agent mobile money wallets, which have been abolished by the Policy. In this regard, users can no longer make transactions through mobile money agents. It is reported that this is likely to affect customers in rural Zimbabwe who rely on the agents to access mobile money services. These agents gave rural consumers the opportunity to integrate into the financial system.
Coverage Mobile money

ZIMBABWE

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 10, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

ZIMBABWE

Since December 2019

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act (Chap 14:44) of 2019
The Consumer Protection Act (Chapter 14:44) of 2019 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zimbabwe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ZIMBABWE

Since March 2000

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Postal and Telecommunications Act, [Chapter 12:05]
The Postal and Telecommunications Act allows the government to intercept ostensibly suspicious communications (Section 98) and requires a telecommunications licensee, such as an ISP, to supply information to government officials upon request. It is not clear whether a court order is required.
Coverage Telecommunications sector

ZIMBABWE

Since December 2021, entry into force in March 2022

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1), which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove it after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gain knowledge that the information is illegal.
Coverage Internet Service Providers

ZIMBABWE

Since December 2021, entry into force in March 2022

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1), which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove it after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gain knowledge that the information is illegal.
Coverage Internet Service Providers

ZIMBABWE

Since September 2013

Pillar Intermediary liability  |  Indicator User identity requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2013
According to Art. 5.1 of the Postal and Telecommunications (Subscriber Registration) Regulations, 2013. Telecommunications providers must each establish a subscriber database of all SIM card holders, connecting their phone number to their name, address, gender, nationality, and passport or ID number. The law obliges service providers to regularly hand over copies of this data to the government, which will then establish its own central subscriber information database.
Coverage Telecommunications service providers

ZIMBABWE

Reported in 2025

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Zimbabwe for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

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