Fight against cybercrime is here to stay (By Faustine Kapama)

A bill for such law was moved by the Attorney General, the government’s chief legal advisor before the National Assembly in April 2015 where it was widely discussed before being endorsed and later accorded presidential assent to become a law of the land. The objectives of Cybercrimes Act No. 14 of 2015 include, among others, to provide a framework for the protection of individual rights and freedoms against cybercrimes and provide mechanism and framework of combating cybercrimes. Also to establish offences and punishments relating to cybercrimes and to outline rules and procedures for the investigation and prosecutions, to provide for rules on the liability of service providers in relation to crimes and to provide protection of the national economy, financial services against cybercrimes. The endorsement of the law was received with criticisms from a section of Tanzanians with Advocate Jebra Kambole, believing that such legislation was bad law, went extra miles by knocking doors of the High Court to have several provisions contained therein annulled. He specifically attacked eight provisions, notably Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, 19, 21, 22, 31, 32, 33, 34, 35, 37, 38 and 50 of the Act, alleging that they contravened several Articles under the constitution, notably the right to communication and the right to bed hear for individuals. The grounds upon which Mr Kabole, the petitioner, relied upon ranged from subjective and arbitrary interpretations and application of the Cybercrimes Act by law enforcement organs, infringement of the right to privacy, restriction of the right to freedom of communication and denial of right to be heard. He had complained that lack of interpretation of words used in some of provisions under the Act, notably unlawfully, intentional, unauthorised person, or data, or information, or access could lead to arbitrary arrest and unjustified actions by the law enforcement organs on various offences. According to him, such provisions were unconstitutional in that they infringed his right to seek, receive and, or disseminate information guaranteed under Articles 16, 17 (1), 18, 21 (1) and (2) of the Constitution of United Republic of Tanzania. The arguments advanced by the petitioner were vehemently contested by the Principal State Attorney Alesia Mbuya, for the Attorney General, who was the respondent in the matter, that the petitioner had wrongly interpreted the provisions under the Cybercrimes Act because they are in order with the parent law of the land. A panel comprising Judges John Ruhangisa, Winfrida Korosso and Lugano Mwandambo was assigned to determine the constitutionality of the widely criticised law by some activists and ruled that the grounds advanced by Mr Kambole lacked merits. In determining the matter, the judges were guided by three issues, including whether sections 4 and 5 of the Cybercrimes Act, violates the right to seek, receive and disseminate information as per Article 18 of the Constitution of the United Republic of Tanzania. They wanted also to know whether sections 6, 7, 8, 9, 10, 11, 14, 19, 22 and 22 of the Act violated the right to liberty enshrined under Article 17 of the Constitution ad that whether sections 38 and 50 of the Act were against Article 13 of the Constitution on individual’s right to be heard. In determining the first issue, the judges pointed out that the provisions address situations when a person accesses another person’s computer system or cause the computer system to be accessed unlawfully and to become subject to contravening section 4 of the Cybercrimes Act. What is prohibited by section 5 of the Act, they said, is the intentional and unlawful remaining to computer system to access the computer system, therefore the right to information for one individual has to consider other fundamental rights of others as propounded. “Whilst we appreciate that [protection of public interest should not delineate other fundamental rights like the right to information, right to movement, right to be heard, it is important to remember that any right is subject to limitation,” the judges say. They said further that it should be remembered that section 4 of the Act is subject to the application of the Criminal Procedure Act, which regulates criminal proceedings and consequently law enforcers will not only apply the Cybercrimes Act in disregard of other applicable procedures already in existence. “There is no gainsaying therefore that the provisions of section 4 and 5 of the Act aim at curbing personal attacks and persecution of individuals through use of social media and prevention of cybercrimes, (they) are an attempt to provide framework for all citizens to enjoy that righty,” they said. As regard to the second issue, the judges held that the petitioner’s arguments were speculative to the extent of asking the court to make a determination on constitutionality of the sections on the potential risk of arbitrary application of law by law enforcement organs. “We are of the view that looking at the said Act objectively one will not fail to find sections which define and describe offences. The sections provide for ingredients of offence and the sentence for each of offences. The provisions cannot be widely drafted to net everyone,” they said.  The judges ruled that sections 4, 5, 6,7,8,9,14,19, 21 and 22 of the Act complained of by petitioner fall within the parameters of Article 17 (2) of the Constitution of United Republic of Tanzania and, therefore, they could not be construed to be repugnant to or inconsistent with such Article of the parent law. As for the third issue, the petitioner challenged sections 38 and 50 of the Act that they violated Articles 13 of the Constitution over the right to be heard. He had contended that Section 38 allows any application by an authority for a hearing in court to be made ex-parte (in absence of the adverse party). But the judges noted that matters envisaged under section 38 of the Act relate to search and seizure, disclosure of data, expedited preservation, disclosure and collection of traffic data and content data. According to them, such matters cover at investigation stage. “Under such circumstances, we are, with respect, unable to see any merit in the petitioners’ argument because we do not think that investigation is the final stage in determining the rights of the said individual or service provider where the said data is retrieved from,” they said. Regarding section 50 of the Act, which empowers the Director of Public Prosecutions (DPP) to compound some offences committed without due considering to the need of the suspect, the judges agreed with the petitioner that it curtail the right to be heard under Article 13 (6) (a) of the Constitution. They noted that the actions by the DPP are given finality and not amenable to appeal if a suspect voluntarily confessed commission of the offence and such actions are given the status of the High Court order on one part, but on the other part are unique in sense that the aggrieved person could not appeal. “We find this to be an anomaly. Exercising powers vested in this court by Article 30 (5) of the Constitution and section 13 (2) of the Basic Rights Duties and Enforcement Act, we direct the government through the Attorney General within the period of 12 months to correct the anomaly. “……failing which the provision should be scrapped off of the statute books for infringing the fundamental right to be heard under Article 13 (6) (a). ” The Director of Government Information Services, Dr Hassan Abbas, describe the judgment as a remarkable one. He says most activists and other stakeholders who raised alarm on the Act had no read the law keenly to appreciate its good intentions in preventing the people from various cyber criminals. “The judgment is another showcase that the Government of Tanzania had very good and obvious intentions in enacting the law way back in 2015. Everyone should now continue to observing the law,” he points out. Cybercrime is a challenging offence, which need a global agenda following the advancement of Information and Communication Technology (ICT). Cybercrime is not a new thing, as it has been there since 20th century due to the development and use of ICTs. The development of ICTs was expected to connect Africa to the rest of world and establish it as part of the global community. This endeavor exposed Africa to the unintended consequences of the internet (cybercrime).  According to Principal State Attorney Josephat Mkizungo, the manifestations of cybercrime, along with its far reaching and potentially devastating capacity have brought challenges to the governments. He says that this is due to the fact that the existing laws and institutions were unable to keep up with its alarming rate of growth. Mr Mkizungo, a trial attorney from the Director of Public Prosecutions (DPP) Office, says the advancement of the ICTs has made cybercrime a global agenda. Therefore, he says, fighting cybercrime calls for cooperation on an international scale.

Medical scanning machine for Sickle cell test is out

PEOPLE diagnosed for Sickle Cell Disease (SDC) will from now on know their status in just five minutes instead of a week, following the launch of the sickle scan rapid test kit last week in Dar es Salaam. Speaking during the launching ceremony, the Deputy Minister for Health, Community Development, Gender, Elderly and Children, Dr Hamisi Kigwangalla, said the move would scale up the fight against Non-Communicable Diseases, SCD included, that have been on an increase, especially in developing countries like Tanzania. “The government, through my ministry, has put in place plans to overcome the situation having recognised the sensitivity of the matter,’’ he explained. Dr Kigwangalla said the plans included the National Strategic Plan for Non-Communicable Disease comprising of sickle cell awareness creation, sickle cell diagnostic services, newborn screening and its other related cases. On his part, the sickle Cell Department Coordinator at Muhimbili University of Health and Allied Science (MUHAS), Dr Deogratias Soka, said the new test kit would ease testing and reduce the number of people who were supposed to travel to Muhimbili for the test. “Normally, people had to come to Muhimbili for the test from all regions, a situation that discouraged others” he noted. Moreover, people had to dig deeper into their pockets to finance their stay in Dar es Salaam, sometimes for almost a week, before getting their results. To end the sickle cell circle, President of the Association of Sickle Cell Patients in Tanzania, Ms Arafa Said, urged couples to use the new test for screening before getting married. Research has shown that sickle cell traits are prevalent in 15 per cent of the Tanzanian population, which means, depending on the choice of spouse, the entire population (15 per cent) can have children with sickle cell disease. “Sickle cell disease is an inherited disease from both father and mother; both parents must at least have the sickle cell trait for them to have a child with sickle cell disease and if couples will go for the screening earlier before they get married, we can end the sickle cell cycle,” she advised during an interview with the ‘Daily News’. Available statistics show that globally, out of 312, 307 children born with SCD every year, 76 per cent of them are from Africa, equivalent to 237, 253 children every year. In Tanzania, between 8,000 and 11,000 children are born with sickle cell every year with the survival rate of 10 per cent, meaning 90 per cent of children born with SCD die every year.

Govt wins cases on Anti-poaching as more than 200 people convicted

THE government has recorded tangible achievements in its anti-poaching drive after winning many cases in court of law as over 200 people have been convicted and sentenced to more than 20 years in 2016. The convicts have also paid 800m/- and they still owe the government 164bn/- as unpaid fines due to poaching activities, including unlawful possession of government trophies. The achievements were revealed yesterday by the Director of Public Prosecutions (DPP), Mr  Biswalo Maganga, at a press conference shortly after Permanent Secretary of the Ministry of Natural Resources and Tourism, Major General Gaudence Milanzi, opened a special training course for technocrats from the Tanzania Wildlife Management Authority (TAWA) and heads of game reserves. The DPP noted, however that the cases had not been prominently covered unlike when the government were defeated in similar cases. “The government has won many cases for various offences, including poaching of government trophies… but they’re not given prominence in the media. But they are prominently covered by the same when the government is defeated” Mr Maganga remarked with concern. He said that the pace of combating poachers would be speeded up to make sure that all culprits are booked and that penalty for the culprits would be extended to totally eliminate trade in ivory and other government trophies. ‘We want those who have illicitly enriched themselves through this trade to end up their lives in jail and have their assets confiscated,” added the DPP. On his part, the Deputy Inspector- General of Police, Mr Abdulahaman Kaniki, said his force and other state organs would continue to arrest and drag to court all culprits so that they face the full wrath of the law. He ensured the public that no poaching suspect had been freed without being arraigned in court. In another development, the Ministry of Natural Resources and Tourism has stated that poaching significantly declined last year compared to preceding years, thanks to cooperation between security and defence forces and other authorities. In his opening remark, Maj. Gen. Milanzi revealed that the currently seized ivory were old stocks that were on transit to international markets. “Some people may ask why the seizure of ivory while poaching has been tamed. These trophies were stocked waiting to be transported abroad and are, therefore, not fresh ones,” he explained. The PS reiterated his call to poachers and their partners to look for other businesses or jobs as poaching was no longer safe or lucrative to them.

We are firmly committed to human rights, reaffirms VP

TANZANIA has reaffirmed her firm commitment to implement the International Covenant on Civil and Political Rights without compromising the national security.  The country’s stance came as the world was celebrating the 2016 Human Rights Day, under the theme: "Stand up for someone's rights today.” The international community observes the Day yearly on December 10, commemorating the day UN General Assembly adopted the Universal Declaration of Human Rights in 1948. “We, in Tanzania, promise to implement this treaty by the United Nations (UN), but cautiously, lest the national security be compromised,” Vice-President, Ms Samia Suluhu Hassan, said when she officiated at the National Integrity Day and International Human Rights Day. Seven government institutions responsible for supervising integrity, the Prevention and Combating of Corruption Bureau, National Audit Office of Tanzania, Public Procurement Regulatory Authority, Ethics Secretariat and Public Service Management and Good Governance, organised the event that also marked a month long campaign against corruption and instilling integrity among public servants. UN Resident Coordinator Alvaro Rodriguez commended Tanzania for her reflection of human rights issues during the day's commemoration. “I call upon you to stand for the rights of someone else,” he told the crowd at the Mnazi Mmoja grounds where the national celebrations were held. Chairman of the Commission for Human Rights and Good Governance (CHRGG), Bahame Nyanduga, said Tanzania has been a good defender of human rights even beyond the country's borders. The country has gained great respect because of its principles on rights and equality, accountability and integrity in the public service sector, he said, arguing that for the country to realise this year’s theme for the day, emphasis was put on integrity, accountability, good governance and fight against corruption. The UN has decried widespread disrespect for basic human rights, globally, with extremist movements subjecting hapless people to horrific violence and sufferings. “We must reaffirm our common humanity. Wherever we are, we can make a real difference. In the street, at school, at work, in public transport, in the voting booth, on social media ...” insists the UN, appealing to individuals to step forward and defend the rights of a refugee or migrant, a person with disabilities, a woman, a child, indigenous people, a minority group or anyone at the risk of discrimination or violence. Meanwhile, ISSA YUSSUF reports from Zanzibar that President Ali Mohamed Shein yesterday graced the day, directing all public leaders to declare their assets and debts as the law requires. “All leaders must honestly fill the personal assets and debts declaration forms and submit them to the respective body,” said Dr Shein in a speech at the event at Victoria Garden, Stone Town, warning those dodging the exercise in the Islands. He threatened stern disciplinary action against all officials defying the legal requirement, saying the Zanzibar Public Leaders Code of Ethics and Ethics Commission was introduced this year to promote moral codes and respect of Human Rights in public offices. The law, among others, requires national leaders, including the Vice-Presidents, ministers, principal secretaries, local government leaders, all executives and senior leaders in all parastatal organisations to declare their assets and debts. “We still have moral decay, economic crimes, lack of accountability and corruption in the country ... concerted efforts are required to address these challenges,”Dr Shein said, asking the Director of Public Prosecution office, Judiciary, Zanzibar Anticorruption and Economic Crime Authority and law enforcers to work together to ensure justice prevails in the islands. The Minister of constitution, Legal Affairs, Public Service and Good Governance, Mr Haroun Ali Suleiman, said at the event that attracted lawyers, civil servants, journalists and citizens that his ministry is committed to improve morality, fight corruption and respect human rights. The Head of the UN Sub-Office in Zanzibar, Ms Anna Senga, commended President Shein for his efforts to promote Human Rights in the Islands, quoting the UN Secretary General Ban Ki Moon’s statement on the day, “Wherever we are, each of us can make a difference for human rights ... in our neighbourhoods, in school, at work, on social media, at home and even in sporting arenas across the world.”

Samia officiates new weapon for triumphant anti-graft crusade

ANTI-GRAFT crusade was intensified i early last year with the launch of the National Anti-Corruption Strategy and Action Plan (NACSAP III)’s third phase through which the government seeks to improve public service delivery. Vice-President, Ms Samia Suluhu Hassan, officiated at the five-year plan in Dar es Salaam, asking the government institutions responsible for the implementation of the NACSAP III to clean themselves before starting dealing with others in the fight against corruption. “First take the plank out of your own eye and then you will clearly see and remove the speck from your brother's eye,” she said, quoting a verse in the Bible. Ms Samia said execution of the 2015 Development Vision will succeed should the public servants perform their duties by embracing integrity and getting rid of corrupt practices, charging that Tanzanians had previously experienced massive abuse of their rights due to corruption. “It was normal to hear about people having their lands grabbed due to rampant corruption among the government officials,” she noted with concern, explaining further that the country has been losing investors due to corruption. Government leaders, she charged, used to force prospective investors to corrupt them as a condition to handle their applications for investments in the country, “... as a result the country lost potential investors who were against corruption ... we will ensure that this situation comes to an end.” She called on the Prevention and Combatting of Corruption Bureau (PCCB) and the National Audit Office of Tanzania (NAOT) to closely monitor execution of government funded projects, saying waiting for the project completion is an ineffective strategy to curb embezzlement of public resources. PCCB Director General, Mr Valentino Mlowola, noted that with NACSAP III, the fight against the vice will be speeded up, assuring better services to the citizens. “Compared to the first and second strategic plans, we have come up with improvements that will see us winning the war,” he said. Among others, he said, under NACSAP III all the private and public sectors as well as the general public will be taken on board in its implementation. The document has put in place mechanism for regular assessment of the plan implementation to ensure that it yields the desired results. The NACSAP II, implemented between 2008 and 2011, aimed at building on the achievements of NACSAP I and addressing challenges encountered earlier by becoming more focused, robust, relevant and inclusive. In collaboration with other anti-corruption stakeholders, the programme helped to set up, organise and mainstream sustainable mechanisms and responses against corruption with the UN Development Programme (UNDP) as the main financier and technical partner. NACSAP II also sought to complement and integrate anticorruption strategies into the core public sector reforms like the Public Sector Reform Programme, Legal Sector Reform Programme, Local Government Reform Programme and Public Financial Management Reform Programme, in strengthening and instituting good governance, transparency, accountability, integrity, efficiency and improved public service delivery.