Justice Patricia Mande has struck down key parts of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, ruling that they violated constitutional rights including freedom of expression, media freedom, access to information and due process.
Among the provisions thrown out is the section that gave the National Computer and Cybercrimes Coordination Committee power to order internet service providers to block websites and online apps without first going to court.
The court also killed another section that criminalised certain online communications, finding it vague, overly broad and unconstitutional.
In simple terms, the state wanted powers to silence websites, police online speech and criminalise digital expression using loosely drafted law.
The court has now said no.
That said, the judge did not agree that the law was passed illegally.
She found that Parliament met the threshold for public participation and that Senate approval was not required, meaning the challenge only succeeded on the substance of some sections, not the process.
This sends a clear message that the government cannot hide censorship and executive overreach behind the language of “cybercrime” while trampling constitutional freedoms
