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Bruce Hatimbula

Can Anything Good Come Out of Bill No.2 of 2021?

The need to have individuals protected from cyber crimes and other related crime has not come without controversy, especially in the Zambian Jurisdiction. As though originating from an ecclesiastical manifestation many stakeholders have been heard asking as to whether the bill has anything good to offer the Zambian populace. The answer to this question is twofold and will be established as the discussion builds.


It is important to note the times in which we live, placing into proper perspective the scientific and technological advancements with which the times have come. Bill no. 2 of 2021 is an answer to the call for security in the cyber world. Most importantly the bill creates criminal offences for crimes related with cyber security; it has created cyber crimes to be viewed as crimes of a serious magnitude and attracting up to 5 years of sentencing for one found wanting. This seems to be a move in the right direction both on the local and international scene in that the Republic of Zambia will be one of the few African countries with a law specific to cyber security, which law will have an extended jurisdiction for crimes committed by Zambians in other jurisdictions and for cyber crimes committed outside Zambia with its effect felt within Zambia.


For many the cry has been on the legal interception of communication under certain circumstances. Citing the fact that this could be an avenue through which the state can infringe the rights of citizens especially those opposed to their views. This deserves a question, which question is bigger than the law in black and white; the question states ‘is it safe to have a law that clearly abrogates the constitutional right to privacy on the premise of fighting cyber crime’ and the answer to this is a Big no.


But What Shall we say then, Should the Bill be thrown away?

Certainly not, the bill makes good law except on the issue of interception. In that regard Parliamentarians must consider revisiting the provisions on interception before finalising the procedure on assenting the bill into law.

 

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