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

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

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.

Zambian Covid-19 Cases May Have Been 92 Times More Than Reported-Lancet

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Zambian Covid-19 Cases May Have Been 92 Times More Than Reported-Lancet

Coronavirus cases in Zambia from March to July may have been 92 times higher than official statistics showed, according to estimates from a study published in the Lancet Global Health journal.

Researchers tested people for infection in six districts across Zambia in July, and used the results to estimate a total of 454,708 cases for the period.

That compared with the government’s official number of 4,917 infections.

The study suggests the pandemic affected many African nations far worse than was reported, largely because of a low level of testing.

Most of the cases in Zambia were asymptomatic and hospitals in the country were not under strain during the period of the study.

That could be because of Zambia’s young population, according to the report, dated March 9.

The research was carried out during the first wave of the outbreak in Zambia, when recorded cases were relatively low.

Like most countries in the region, the subsequent wave spurred by a variant first identified in South Africa, was worse.

Zambia, which has officially recorded about 83,000 infections and 1,137 deaths, is yet to announce plans to vaccinate its population.

“Between March and December, 2020, more than 20?000 laboratory-confirmed cases of SARS-CoV-2 infection were reported in Zambia. However, the number of SARS-CoV-2 infections is likely to be higher than the confirmed case counts because many infected people have mild or no symptoms, and limitations exist with regard to testing capacity and surveillance systems in Zambia,” the report said.

Napsa Stars Tumble in Morocco

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Hopes that Napsa Stars would redeem some Zambian pride on match-day-one in the 2020/2021 CAF Confederation Cup group stages were dash this evening after they too lost on the road in North Africa.

Napsa lost 2-0 in Morocco to the defending champions RS Berkane in their opening Group B match.

Both goals came in the first half of the match played in Berkane through Hamza Akbi who put them ahead in the 12th minute and Mouhssine Lajour sealed the 3 points in the 44th minute to hand the Moroccans top spot of Group B.

The defeat came just hours after Nkana were beaten 3-0 in Egypt by Pyramids in Cairo.

Napsa are bottom of Group B on zero points, together with Coton Sport of Cameroon who are third after losing 1-0 away in second placed Algeria at JSK.

Napsa return to base where they will host JSK on match-day-two on March 17 at National Heroes Stadium in Lusaka.

Tribute Pour in For Late Coach Weston Mumba

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Tributes are pouring in for the late coach Weston Mumba who died on Tuesday at Levy Mwanawasa General Hospital in Lusaka.

Mumba played for and later coached Zamsure.

His other coaching stints include Lusaka City Council FC, Lusaka Dynamos, Forest Rangers and Mufulira Blackpool.

“I am heartbroken. Words cannot describe how much I enjoyed your training and guidance,” said Green Eagles striker Linekar Mwiikisa.

“One of the coaches who made me love and enjoy the game,” Mwiikisa said.

Ex-Zambia and Nchanga Rangers coach Harry Milanzi said:”We will miss you coach. My condolences to the Mumba family.”

The Football Association of Zambia (FAZ) is equally saddened by the death of Mumba.

“We are saddened by the death of Winston Mumba, he was a gentleman whose contribution in building current and future stars will remain with us for a long time,” said FAZ General Secretary Adrian Kashala.

“He coached at many clubs which demonstrates how much value he brought to the game. We can only wish the family God’s guidance in this difficult time.”

Walter Bwalya Gets DR Congo Call-up

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Striker Walter Bwalya has received his debut DR Congo call-up.

The former Forest Rangers and Nkana striker is part of DR Congo coach Christian Nsengi’s 30-member team announced on March 10 for the third placed sides last two AFCON Group D qualifiers away to second placed Gabon on March 25 and leaders Gambia at home on March 29.

DRC have 6 points, one behind Gabon and Gambia who are tied on 7 points while Angola is bottom with 1 point.

Bwalya won the 2016 FAZ Golden Boot after scoring 23 goals their season with Nkana who finished third in that campaign.

He moved to Egyptian club El Gouna last year from Nkana where he became an instant hit scoring 13 goals during his debut season.

Bwalya later scored another three this term before Al Ahly snatched him in January but has managed just one goal since his big move to the Egyptian champions.

Nkana Fall to Pyramids in Cairo

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Nkana have launched the CAF Confederation Cup group stage with a huge loss at Egyptian side Pyramids.

Kalampa were unsettled by Pyramids’ early goals to go down 3-0 in this Group D match played in Cairo on Wednesday evening.

The Egyptians took a 2-0 lead into the break thanks to goals registered by Islam Issa and Mahmoud Wadi in the opening nine minutes.

Wadi put Pyramids in the driving seat just after two minutes with Issa doubling the lead on nine minutes.

Nkana showed some flashes of brilliance in the last half despite failing to find the back of the net.

Mohamed Farooq put the icing on the cake with a late goal a minute into the second half stoppage time.

Meanwhile, Pyramids have shot to the top of Group D with three points while Nkana are bottom.

Second placed Raja Casablanca of Morocco edged Tanzania’s Namungo 1-0 in the earlier Group D match played in North Africa.

PF distances itself from Paul Moonga’s remarks Against the Judiciary

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PF distances itself from Paul Moonga’s remarks Against the Judiciary

The ruling Patriotic Front (PF) has said that it has categorically distanced the party from the utterances attributed to Mr. PAUL MOONGA, alleging that some judges of the Constitutional Court are colluding with some opposition lawyers in a bribery scheme to disqualify President Edgar Lungu from contesting the 2021 general elections.

In a statement released to the media by Party Secretary General Davies Mwila, the party said that the the issue of President Edgar Lungu’s eligibility is a dead issue that was conclusively dealt with by the Constitutional Court of Zambia, adding that the Constitutional Court ruled that President Lungu is eligible to contest the 2021 elections.

“As a party we believe in the rule of law and the doctrine of separation of powers. We as a party in Government believe in the principle of the RULE of LAW and the doctrine of SEPARATION OF POWERS, ” Mr Mwila said before adding that the party respects the decisions of the Courts and checks and balances that the Judiciary gives to the government as demonstrated by PF’s past actions, which he said have been consistent when it comes to complying with the decisions of the courts.

” We recently complied with the court judgment to ensure that all former ministers who served after the dissolution of Parliament pay back the money in accordance with the judgment of the Constitutional Court, ” Mr Mwila said.

“We are not like other political party leaders who disparage the judiciary whenever a judgment goes against them. They are on record, trying to mislead the public that President Edgar Lungu is not eligible to contest the 2021 elections when the Constititional Court already ruled on the matter,” he said adding that the decision of the Constitutional Court is final and it cannot be challenged in any Court in Zambia.

Mr. Mwila concluded by saying that issuing a strong instruction to all members of the Patriotic Front to desist from issuing any statements against the judiciary and that the party will take stern disciplinary action against anyone who will defy this order.

The Cyber Security and Cyber-Crimes Bill is Oppressive and It must be Stopped

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The Cyber Security and Cyber-Crimes Bill is Oppressive and It must be Stopped

By Hakainde Hichilema

Zambia’s August 2021 elections are on the horizon. The 2016 polls were closely contested despite widespread irregularities. These have been difficult years for citizens. Even before the Covid-19 pandemic hit, spiralling debt and inflation resulted in rising living costs and contributed to underfunded public services.

Progress in advancing sustainable development is being undermined as a result.

Against this backdrop, we in the opposition United Party for National Development (UPND) expect to face the usual obstacles in our fight for a free and fair election.

We will probably face the physical restrictions and obstructions used to prevent our campaigning abilities.

Using the archaic Public Order Act the authorities will probably deny us rally permits, detain our supporters and campaigners without charge and send the police to break up meetings.

As was the case in the recent Ugandan elections, the government can also use the pandemic to justify shutting down opposition and civil society activities.

Opposition voices also have to contend with a government that has consistently opposed the concept of a free media.

In April last year, the Patriotic Front regime shut down independent broadcaster Prime TV after the network refused to air government infomercials for free. The government closed the independent Post newspaper ahead of the 2016 elections.

We also face new threats. We now have a fight on our hands for the digital rights of Zambians. Six months ahead of the elections the government wants to resurrect the oppressive Cyber Security and Cyber Crimes Bill in an apparent attempt to muzzle civil society and the opposition.

The bill was shelved last year after an outcry by civil society. According to the government, the bill, which was approved by the cabinet on February 1, is intended to promote the “responsible use of social media platforms”. But it threatens to erode democracy. If passed, the government will have unrestricted power to listen to people’s conversations without a court order — in particular to citizens who have dissenting views to that of the ruling party.

All electronic communications providers, including internet messaging platforms, will have to provide services that are “capable of rendering real-time and full-time monitoring facilities for the interception of communications”.

Section 27 of the bill establishes the Central Monitoring and Coordination Centre to intercept communications. The centre will be controlled by the department for government communications.

Civil society organisations have already voiced their concerns about the bill. In a letter signed on behalf of 10 organisations, Chapter One Foundation executive director Linda Kasonde highlights the “dangerous provisions in the bill, including those that “have the potential to facilitate and even enhance the wanton surveillance and censorship of members of public through interception of communications.”

For example, section 15 empowers the Zambia Information and Communications Technology Authority (Zicta) to institute investigations upon receiving information regarding an alleged incident or threat.

The bill fails to specify valid sources or define what constitutes a threat. There are also concerns the bill would empower Zicta cyber inspectors to question people, with those refusing to cooperate facing hefty fines of up to 60?000 kwacha (about R50?000) and/or imprisonment.

Those found guilty of harassment, another undefined concept, could face fines of 150?0000 kwacha and/or five years in jail.

As civil society has also pointed out, the bill falls short of several regional and international standards of human rights-aligned laws including the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention) ratified by Zambia. The UPND shares these concerns.

We and civil society have been able to hold off some attempts to pass regressive and anti-democratic legislation.

Last year we stopped the Constitution Amendment Bill, dubbed Bill No 10, that would have greatly strengthened the hand of an already powerful executive and further increased the government’s ability to contract debt without requiring parliamentary approval.

Bill No 10 required a two-thirds majority to be passed, whereas the cyber bill needs only a majority.

The government’s popularity became even more precarious after the debt default on one of Zambia’s Eurobonds in November and the $17-million healthcare scandal involving the supply of faulty and expired goods. It needs the cyber bill.

The proposed legislation is oppressive and will infringe the dignity and civil liberties of Zambians well beyond the election. It must be stopped.

ZAMRA arrests four illegal drug store operators

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ZAMRA arrests four illegal drug store operators

The Zambia Medicines Regulatory Authority (ZAMRA) has arrested four people in Solwezi district, North-western Province for operating a pharmacy without a Certificate of Registration, contrary to section 14(1) of the Medicines and Allied Substances Act No. 3 of 2013.

ZAMRA Senior Public Relations Officer Christabel Iliamupu disclosed that the incident occurred during a surveillance inspection conducted by the authority, in collaboration with inspectors from the Zambia Drug Enforcement Commission (DEC) and the Zambia Police.

In a statement issued to ZANIS in Lusaka, Ms Iliamupu indicated that the inspection was aimed at curbing the sale of medicines and allied substances from unregistered premises.

“The four include Joe Kayombo, male aged 46 years, Funwell Kabisha, male aged 53 years, Betty Mangimela, female aged 45 years and Priscovia Chisanga, female aged 35 years,” Ms Iliamupu stated.

She indicated that the four have been detained at Kyawama Police Station in Solwezi and will appear in court soon.

Ms Iliamupu reiterated the authority’s appeal to members of the public to refrain from illegal operation of drug stores or risk prosecution in accordance with the provisions of the law.

Help sensitise public on cyber-crimes bill, media implored

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Help sensitise public on cyber-crimes bill, media implored

Government has called on the media to assist in carrying out mass public sensitisations on the contents of the Cyber Security and Cyber-Crimes bill.

Ministry of Information and Broadcasting Services Permanent Secretary Amos Malupenga says there is need to step up publicity on the Cyber Security and Cyber-Crimes bill, before it is assented to by President Edgar Lungu.

Parliament yesterday, March 9, 2021, passed the Cyber Security and Cyber Crimes bill.

The bill is now awaiting President Edgar Lungu to consent to it, before it can be enacted into law.

“I called you the media to see how we can start sensitising the people on the Cyber Security and Cyber Crimes bill,” said the PS

Mr Malupenga called on the various media houses across the country, to include a component of programming specifically to sensitise the public on the Cyber Security and Cyber Crimes bill.

He explained that this will enable citizens get an insight, and be made aware of the contents of the bill, before it is enacted into law.

“I thought that we could utilise ourselves as the media and see how we can go about with massive sensitisation, in order to educate people on the bill.” Mr Malupenga said.

The Permanent Secretary reiterated that the cyber law has been crafted in the interest of the public, adding that it is aimed at protecting all Zambians against cyber bullying regardless of one’s political or religious affiliation.

“This cyber law is in public interest, it is there to support and ensure the safety and security of all Zambians regardless of one’s political or religious affiliation,” he said.

Meanwhile Mr Malupenga revealed that the cyber law empowers the cyber security officers to monitor or inspect certain gadgets suspected to be used in committing cybercrime.

Mr Malupenga cited smartphones, laptops and computers as some of the electronic gadgets that are going to be monitored by the cyber security officers.

He dismissed assertions made in certain quarters that the cyber law is aimed at spying on people.

The Permanent Secretary argued that if government intended to spy on certain people or individuals, the authority would have silently spied without announcing to the public.

Mr Malupenga said the propaganda of spying is being peddle by people who are against the Cyber Security and Cyber Crimes bill.

He said government was however just putting measures in place to ensure that the security and safety of all Zambians is enhanced.

Netherlands praises govt. on climate resilience project

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Netherlands praises govt. on climate resilience project

The Netherlands government and Global Water Partnership Organization has applauded the Zambian government for the outstanding work in strengthening the adaptive capacity to current climate variability in the Kafue sub-basin.

In a joint congratulatory letter to Ministry of National Development Planning, Ministry of Foreign Affairs of the Netherlands’ Inclusive Green Growth Department Director, Carola van Rijnsoever and Global Water Partnership Interim Chief Executive Officer (CEO) and Executive Secretary Peter Repinski praised government for its climate resilience programmes.

The entities stated that the SCRiKA project would contribute to various events, publications, and tools throughout the year, so that others can learn from their exemplary experiences.

The duo said they look forward to the continued partnership with the Zambian government on the National Adaption Plan work and towards the goals of securing sustainable water supply for Africa’s prosperity.

And Ministry of National Development Planning Permanent Secretary in charge of Development Planning Chola Chabala said government is grateful to Netherlands government and the Global Water Partnership Organisation for recognizing its efforts and commitment on combating the negative effects of climate change.

Mr Chabala reassured the two entities that the Zambian Government values the close collaboration for the benefit of the present generation and posterity.

The PS said he looks forward to the continued strengthening and expansion of ties with the two institutions.

The strengthening Climate Resilience in the Kafue Sub-Basin Project (SCRIKA) was voted the winner of the Africa Water Change Makers Award People’s Choice under the Zambia Pilot Programme for Climate Resilience which showcases the specific challenges of climate change adaptation in sub-Saharan Africa.

The results were announced during the Climate Adaptation Summit hosted by the Netherlands on 25-26 January 2021.

The African Water Change Makers People’s Choice Awards are a parallel award process to the Water Change Makers. The awards are a global award introduced in 2020 by Global Water Partnership to make visible the teams and individuals who are building climate resilience by changing water decisions.

This was according to a statement issued to ZANIS by Ministry of National Development Planning Spokesperson, Chibaula Silwimba.

NHIMA to reduce costs of medical treatment – Health Minister

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NHIMA to reduce costs of medical treatment – Health Minister

Minister of Health, Jonas Chanda says the National Health Insurance Scheme (NHIMA) will make treatment of medical conditions that require expensive medical procedures to be affordable for ordinary Zambians.

Speaking when he visited Kamuchanga District Hospital in Mufulira District, Dr. Chanda said NHIMA will protect citizens from going bankrupt due to sudden illness that requires expensive medical procedures.

He said in the past, citizens had to sell houses and other properties to enable them to afford medical care due to lack of insurance.

The Minister said NHIMA will directly benefit patients as 90 percent of the funds realized from the scheme will be pumped back into health facilities.

“What we are doing is pulling resources, and because not everyone gets sick at the same time, resources are available for those who need them, and health care becomes affordable for everyone,” he said.

Meanwhile, the business community in Mufulira District has welcomed the government’s announcement of plans to roll out the scheme to the informal sector.

Mufulira Business Association Chairperson, Martin Mbewe said the scheme will help small and large scale businessmen and women, as it will enable them to access equal health care.

Kapiri Mposhi glass company shuts down operations after 1 year

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Kapiri Mposhi glass company shuts down operations after 1 year

Over 100 workers at Eagle Glass Manufacturing Company in Kapiri Mposhi have been declared redundant after management announced closure of the glass manufacturing factory barely one year of operation.

The company has closed down and terminated contracts for all its employees citing dwindled business activity affected by an influx of cheap glass imports on the Zambian market.

Eagle Glass Managing Director, ZHI ZHAO has confirmed the development saying the company was also experiencing a decrease in sales of its glass products due to the impact of the Coronavirus and the constant break down of its glass production line.

“We cannot cope with the pressure in the market because of cheap glass products imports and the impact of the Coronavirus,” Mr ZHAO said.

Mr ZHAO said the company has already prepared funds to pay gratuities and a month’s salary for all the workers who have been declared redundant.

Mr ZHAO assured that the company will resume operations once the business activity improves on the local market and when repairs are done on its production line.

“We are going to pay all the workers and they will be re-engaged once we resume operations in the near future,” Mr ZHAO said.

Last week, employees at the factory protested over reports the company intended to close down and lay them off without being paid their dues.

Meanwhile, District Commissioner, Smart Mwila has regretted the closure of the company which provided over 100 direct jobs for the locals.

“The opening of Eagle Grass last year was a breath of fresh air in terms of employment and the economic status of the district,” Mr Mwila said.

Mr Mwila has however commended Eagle Glass management for ensuring that redundant workers are paid their dues before laying them off.

Production at the US$15 million glass factory with annual production capacity of up to 50,000 tonnes of flat and laminated glass commenced in 2020.

Health Minister allocates more health projects to his constituency, upsets Ndola party officials

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Health Minister allocates more health projects to his constituency, upsets Ndola party officials

Some PF Ndola District officials have accused Health Minister Jonas Chanda of bulldozing his way by awarding more health projects to his Bwana Mkubwa constituency.

Over the weekend, Dr Chanda officiated at a ground breaking ceremony for the upgrading of Kaloko mini-hospital in Bwana Mkubwa.

The project becomes the fourth mega health related project to be commissioned in Bwana Mkubwa after Dr Chanda diverted two other projects that were earmarked for Chifubu and Kabushi constituencies.

The development has upset some officials from the PF Ndola District Executive Committee who have accused Dr Chanda of greedy and abuse of his office authority.

The officials who opted to remain anonymous questioned why Dr Chanda had gone award to have four health projects in his constituency, depriving other areas in Ndola that need similar services.

They have since called on President Edgar Lungu to intervene and reverse the decision by Dr Chanda to award his constituency four health projects.

“We know that there is a JICA funded Level 1 Hospital coming up in Bwana Mkubwa, there is also another hospital being constructed by a UK charity and now the same constituency now has two more mini-hospitals,” the official said.

He added, “What is happening is that these selfish moves by Hon. Chanda are now costing the party in the District and now people are asking questions as to why Bwana Mkubwa is receiving everything. We also know that Dr Chanda is not popular on the ground and he is now using projects to win some favour from the people.”

“We want President Lungu to act on this irregularity because we know that for instance the project which was diverted from Chifubu had reached an advanced stage and all the planning had been done and now technocrats are wondering why they have to re-plan for Bwana Mkubwa projects now.”

“Why should someone get four projects to do with hospitals and clinics when other areas have none?” the official questioned.

Efforts to reach Dr Chanda proved futile as he did not answer his calls.

Dr Chanda officiated at a ground breaking ceremony for the upgrading of Kaloko mini-hospital in Bwana Mkubwa
Dr Chanda officiated at a ground breaking ceremony for the upgrading of Kaloko mini-hospital in Bwana Mkubwa

Over 400 doctors remain unemployed, stage protest at Ndeke House

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Over 400 doctors remain unemployed, stage protest at Ndeke House

Some medical doctors and dental surgeons held a peaceful protest at Ministry of Health Headquarters (Ndeke House) over government’s failure to employ and deploy them.

Those interviewed say they feel let down by the Zambian government after putting in a lot of hours of study to enable them graduate.

They said the pronouncements by government that it will employ more health workers has not been backed by action as no one from their group has received any letter of appointment.

But Ministry of Health permanent secretary for technical services Dr Kennedy Malama says the ministry has received treasury authority to recruit 395 health workers, including doctors.

In a statement issued after meeting representatives of the 400 doctors seeking employment in the public service, Dr Malama urged the doctors to be patient as the matter of recruitment of health workers, including doctors, was a priority to government and will continue receiving attention.

“The doctors were making enquiries when the government of the republic of Zambia through the ministry of health will employ them. The doctors were updated that the ministry of Health has received treasury authority to recruit 395 health workers and this included doctors. However, from this treasury authority it was not possible to employ all the 400 doctors at once. It was highlighted that recruitment is done in phases depending on the availability of funds,” Dr Malama stated.

He stated that it was highlighted that government was resolved to ensuring that the inadequate human resource for health in various health facilities was addressed.

Dr Malama stated that between 2017 to date government had recruited 24,480 health workers which included doctors adding that government will continue building on this.

He stated that the meeting was held in a cordial manner and the ministry appreciated the response from the representatives of the doctors.

Unemployed Medical Doctors staging a peaceful protest at Ndeke House
Unemployed Medical Doctors staging a peaceful protest at Ndeke House
Unemployed Medical Doctors staging a peaceful protest at Ndeke House
Unemployed Medical Doctors staging a peaceful protest at Ndeke House
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