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Alba Iulia
Wednesday, May 5, 2021

Proposed Cyber Security and Cyber Crimes Bill ss largely a mere translation of the longstanding Criminal Procedure Code Act

Columns Proposed Cyber Security and Cyber Crimes Bill ss largely a mere translation...

By Sean Tembo

1. As Patriots for Economic Progress (PeP), we have noted the raging debate on the Cyber Security and Cyber Crimes Bill No.2 of 2021 which is currently awaiting Presidential assent. The main arguments against the Bill are that it gives a lot of arbitrary powers to respective law enforcement officers, which powers might be subject to abuse and these powers also offend some parts of the Bill of Rights in the Constitution.

Our considered view is that the powers which are bestowed on law enforcement officers by the Cyber Security and Cyber Crimes Bill are no more than the powers which are already bestowed on law enforcement officers by the Criminal Procedure Code Act, Cap 88 of the laws of Zambia. Therefore there is nothing new to debate here.

2. As Patriots for Economic Progress, it is our firm belief that in order for law enforcement agencies to do their job, which is to fight crime, they need to be appropriately empowered with an adequate amount of authority. However, it is inescapable that this authority might be abused from time to time.

The solution to this potential problem is not to limit the amount of authority bestowed on law enforcement agencies, but rather to deal with specific cases of abuse of investigative authority as and when it occurs. Restricting the amount of authority bestowed on law enforcement agencies, as argued by some in the debate over the Cyber Security and Cyber Crimes Bill, would have the overall effect of undermining the entire criminal justice system and would be inimical to the interests of the nation.

3. As Patriots for Economic Progress, our detailed review of the Cyber Crimes and Cyber Security Bill No. 2 of 2021 revealed that it is largely a mere translation of the longstanding Criminal Procedure Code Act, Cap 88 of the laws of Zambia, albeit tailored to apply in the non-physical cyber space.

The Zambian people must be reminded that technology in general and the internet in particular has created and will continue to create vast security challenges which require to be decisively addressed, if Zambia is going to fully embrace the cyber space and use it to enhance our overall economic productivity. Already the amount of money that is lost through mobile money fraud in Zambia today is huge.

This and other related cyber security challenges require to be firmly addressed. Therefore, it is our position that those that have been arguing against this Bill have taken a monolithic view of the matter at hand which is devoid of consideration of other wider public interests. A holistic viewpoint is not only necessary but critical in the matter at hand. Let us not be penny wise and pound foolish.

16 COMMENTS

  1. They keep saying “awaiting Presidential assent” as if that lazy moron iN State House has ever refused to sign anything everything that is put infront of his sleepy face he signs even if its degazetting pristine water catchment forests to give plots to the elite he just signs away.

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  2. A fella putting on a pf Tshirt and shouting pamakafye was asking for coin , imagine I did not even flinch or look at him I just kept moving forward, was I wrong not to give him legal tender , especially that its his vote that has put us in this economic imbroglio.

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  3. I thought this guy was clever and more analytical, certainly from some of his other articles that i have seen. Not below belt analysis!

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  4. “……not to limit the amount of authority bestowed on law enforcement agencies, but rather to deal with specific cases of abuse of investigative authority as and when it occurs. …….”

    This ST was beaten senseless by Paul Monga and his PF thugs in full view of police while carrying out his democratic right to protest corruption.

    The police did nothing. And he thinks anyone will investigate any PF abuses of this law ?????

    You need to get your ar.se kicked again.

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  5. nickson – Brought to book where? I am not going to stop pointing out the corruption by little men who were nobodies 6 years ago today they are millionaires…i lived in UNIP, MMD who is Lazy Lungu? I failed lawyer barred by LAZ signing off oppressive laws without shame

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  6. Sean Tembo should get to the point and admit that he and PeP support the Bill. Let hope Sean Tembo and his Briefcase Party will not fall victim of this law. Sean Tembo should be careful what he wishes for. The writing is on the wall.

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  7. Let those useless mad bulls from upnd continue ragingly debating with themselves. The bill is going ahead and is law. Olo you cry or laugh it is here. Thank God we can now root out some useless upnd diaspora bloggers.

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  8. …Just tell ka hh that he got it wrong … His Zambian Watchdog and other abusive media will only be shut down if they continue on their rubbish way. They can change ways and be good media practitioners otherwise they will definitely be cramped.

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  9. This ***** Sean Tembo appears to be a PF Vuvuzela. He next never has anything of value to contribute in regards to his party. You can put a tie on a kabova it’s still a kabova.

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  10. So for upnd if you support an opposing view, even if you are right, you must be dull. I can see disaster written all over upnd if they came into power. Am glad that Sean has come his senses

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  11. Can we have this law passed quickly so that we have some of these so called ” diasporans” brought to book. I personally can’ t stand the insults of this person with a pseudo name ‘ Tarino” even if you have decided to live in a foreign countr y(G. Britain) forever do not insult or despise other people’s chosen leader. The Govt must train cypber specialist to deal with some of these boys who have not been properly brought up by their parents or parent. We have a culture you cannot call a president stupid for something or nothing. ECL is not even the only one managing the country. Even in Britain where this chap is he cannot insult his prime minister ” you will face the music. I hope you are not the chap who canme to seek to be MP in Zambia on a visa permit, How shameful.

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  12. Mr. Tembo we are glad that you have risen to the occasion of debating substentive issues with dignity. It is important that we raise the levels of commuinicating our different views in a respectable manner. Insults cannot be a norm to communicate our divergent views or to point out the ills in our system. Decent bloggers have left this plat forms of exchanging views because this platform has been overtaken by low level sauls that are bitter and insolent. They take every opportunity to insult the head of state. Shameful indeed.

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  13. ONLY PF BLOGGERS HAVE LEFT THIS PLATFORM
    THEY CANT TAKE THE PRESSURE PLUS
    NONE OF OUR QUESTIONS ARE ANSWERED WHICH MAKE SOME FRUSTRATED SO THE INSULTS RESULT
    THATS WHY THE PRESIDENT MUST FACE A LIVE DEBATE DEBATE ON THE WORKING OF HIS GOVERNMENT

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