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Sierra Leone Poised To Enact 1st Cyber Crime & Electronic Evidence Law

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By Ralph Sesay
Sierra Leone is set to enact the first cyber crime and electronic evidence law after concluding a successful consultative workshop organized by the Ministry of Information and Communications with technical support from the Council of Europe at the Radisson Blu Hotel in Freetown.
The three days session witnessed technical presentations from the country’s Attorney General and Ministry of Justice, the Right to Access Information, Consultants, Mobile Network Operators, regulators and other relevant players around the need for a cybercrime and electronic evidence law for Sierra Leone inline with international and global demands.
The Deputy Minister of Information and Communications, Solomon Jamiru, disclosed to the nightwatch that the three days workshop emanated out of an invitation extended by the Ministry of Information and Communications to the Council of Europe to support them technically towards having legislations in place to address cyber crime and any other related matters to electronic evidence.
He noted that cyber crime is a global issue and that Sierra Leone, as a country, is looking at the Budapest Convention and other regional documents like the Malabor Convention as regional benchmarks in dealing with cyber crime.
Mr. Jamiru noted that the three workshops have culminated into the development of a framework, which will be used to draft a cyber security bill in consultation with relevant players and the wider Sierra Leonean public for an eventual ratification by Parliament.
He expressed hope that the Government, especially the Ministry of Justice,will be very keen in having this legislation in place in the not too distant future, considering the quantum of work the Minister of Information and team and other partners have put into the entire process so far behind the scenes.
MatteoLucchetti, Program Manager, Cyber Crime Programme Office, noted that the Council of Europe has always been supportive technically and otherwise of countries moving towards having legislations around cyber security and electronic evidence, especially against the backdrop that technology has continued to play a pivotal role in the commission of serious offences. Hence the need for a law to deal with all of this is very important for a country like Sierra Leone.
He noted that he was impressed with the huge cooperation and commitment exhibited by the government towards enacting a cyber security law, largely due to the involvement of highly placed Government functionaries like the Chief Minister, who delivered a very powerful keynote address at the opening ceremony, where he committed the support of Government around the entire process.
Mr.Matteo also praised and extolled the huge commitment exhibited by the country’s Minister of Justice and Attorney General, Madam Priscilla Schwartz,for her exuberance throughout the three days session.
He noted that the Council of Europe is happy to provide such technical support to the Government of Sierra Leone and expressed optimism that Sierra Leone is now on track to enact the cyber law. He further committed the support of the Council of Europe towards capacity building and strengthening the role of the different players, including the Police and Judiciary.
The three days session witnessed the attendance of critical players in the sector, such as the Bank of Sierra Leone, Sierra Leone Cable Network Limited, NATCOM and Mobile Network Operators (MNOs), doing business in Sierra Leone and have been probably affected in one way or the other as a result of the failure of the country to legislate a cyber and electronic evidence law.
Many of the participants, at the workshop, including representatives from the country’s Right to Access Information Commission, have expressed concerns around incorporating existing laws and other international considerations like the critical issue of privacy when enacting the new cyber and electronic evidence law.
The Permanent Secretary, in the Ministry of Information and Communication, assured all and sundry that the Ministry will take all of these views into consideration, in enacting the new law, noting that they, as Permanent Secretaries, always scan the socio-economic and cultural environment before providing their expert advice to politicians.
Adrian Fisher, Public Relations Person at the Office of the Attorney General and Ministry of Justice, has assured the Council of Europe and the Ministry of Information and Communication of the AG’s commitment to have the legislation in place, taking into consideration all the issues highlighted therein.
He noted that people who raise such concerns should also be equally able to understand why Sierra Leone has not be able to enact a law on cyber crime and what impacts it has got on the country’s justice system and development trajectory.
MPs Call for ‘Real Power of the Purse’
Parliamentary Sub Committee No 5., headed by Honorable Lahai Marah, has, in its Sub Appropriation Committee No 5, reported to Parliament, asked that Parliament be given the ‘real power of the purse’ to be able to fully participate in the budget process rather than being used as a rubber stamp as had been done by previous governments.
The APC MP has, against this backdrop, called for a speedy consideration over the Budget Act, which, according to him, will give Parliament the power to control the nation’s budget.
He noted that the Budget Act, when promulgated into law, will lay the necessary legal frame that will give Parliament a new image, while also ensuring that the institution is no longer used as a rubber stamp in matters dealing with budgetary allocations.
Honourable Lahai Marrah noted that the budgetary allocation of Le 14 billion to the Parliamentary Service Commission, including facilitation fees by the Ministry of Finance for the 2019 Fiscal Year, is in inadequate and impertinent when compared to the Le17 billion budgetary allocations to the Office of the Financial Secretary.
The firebrand MP referred to the allocation as disrespect to Parliament, and called for the House not to be treated as an agency but an arm of Government manning the affairs of Members of Parliament.
Honourable Lahai Marrah and Committee No 5 also criticized the FY 2019 Budget, for allocating meager amounts to all the Commissions relating to Education. He noted that this has flouted the New Direction’s thinking in achieving Free Quality Education.
Committee No 5, amongst other things, has also called for salary increment for Local Council staffs,especially the Chief Administrators and Finance Officers, whom the report noted control huge sums of money but are paid pittance. This, according to members of the Committee, is a recipe for corruption.

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