STATE-owned mobile phone network, NetOne, says it has reintroduced low priced data packages as part of its efforts to offer affordable products. In a statement on Wednesday, NetOne said it had captured many new subscribers in the aftermath of the recent aborted attempts to increase mobile data floor prices.

“A close analysis of NetOne’s data bundles and social media bundles shows that NetOne now offers the most affordable data offers when compared to the other players,” it said.

The mobile phone operator said following the public outcry that led to the reversal of the new data floor prices announced by the industry regulator, it had come up with attractive packages that resonate with the expectations of Zimbabweans in the face of the prevailing liquidity challenges.

The Postal and Telecommunications Regulatory Authority had directed that all mobile phone operators increase voice and data floor prices to 12 cents per minute and 2 cents per megabyte, respectively from January 9, 2017. Floor prices are the minimum prices operators charge per minute of voice call or megabyte of data.

There was a public outcry after some operators effected price increases, in some cases by as much as 500 percent.

However, the steep new floor prices announced by POTRAZ were reversed on Thursday last week following the intervention of Information Communication Technology, Postal and Courier Services Minister Supa Mandiwanzira.

NetOne said its new $1 data bundle now gives customers about 300 megabytes compared to the industry average of between 220mb and 250mb. This will be good news to the consumers as they are expected to enjoy video action on YouTube and Netflix daily.

NetOne has also introduced weekly offers, which are only exclusive to NetOne,” read the statement.

NetOne said it has unveiled attractive social media bundles, expected to bring cheers to WhatsApp, Facebook and Twitter users. The daily bundles for WhatsApp and Facebook have been pegged at 27 cents for 40mb, while the Twitter bundle has been put on 50mb for the same value.

In comparison, other operators’ daily bundle charges average 30 cents for 30mb of WhatsApp and Facebook and they do not offer Twitter bundles.

NetOne said it has also introduced a fair usage policy on its packages such as social media bundles and OneFusion package in line with the global technological trends.

According to the latest POTRAZ sector performance report for the third quarter of 2016, mobile data utilisation increased by 16,1 percent while voice calls declined by 3,6 percent.

The trend might see one of the factors influencing NetOne’s drive of making mobile data more affordable.

By Andualem Sisay

Addis Ababa — Ethiopian Airlines will fly to seven new destinations in the next five months, the firm said on Tuesday.

In its new record expansion plan, the Ethiopian flag carrier says that starting February to June this year, it will fly to Victoria Falls in Zimbabwe, Conakry-Guinea, Antananarivo (Madagascar), Oslo (Norway), Jakarta (Indonesia) Chengdu (China) and Singapore.

The firm’s chief executive said the airline wants to tap into the global aviation market which Africa’s share is only about three per cent.

“As the largest airline group in the continent, we are highly concerned about the low base of air connectivity in the continent and we are setting record expansion to enable Africans to enjoy safe, reliable and economical air connectivity both within the continent and between the continent and the rest of the world,” Mr Tewolde Gebremariam, the Ethiopian Airlines’ Group chief executive officer, said.

“Looking beyond the current economic slowdown especially in the oil export-dependent economies of Africa, we firmly believe that the continent will become the magnet for foreign direct investment, trade and tourism.

“These are the engines of air travel growth and in turn, efficient air connectivity also drives socioeconomic development and we are happy to contribute our share in the 21st century African transformation,” he said.

Last year, the airline launched three international routes – Moroni (Comoros), Windhoek (Namibia) and Newark (United States) – as well as three domestic flights to Hawassa, Kebridahar and Dembidolo cities.

The airline targets to reach 120 destinations worldwide by the year 2025.

Currently, Ethiopian Airlines flies to 98 destinations.

By Isaac Mugabi

The banks wouldn’t give him a loan, so Cameroonian Georges Badjang approached a crowdfunding platform. Although relatively unknown in Africa, this alternative source of finance is helping his firm grow.

Jacques Georges Badjang was never really interested in emigrating abroad. Even when he was a student, he was determined to show it was possible to create and achieve something in his native Cameroon.

As there were several beekeepers in his neighborhood, he decided there was a future in honey. He gave up his history course and went to work.

“It all started at home, in my mother’s kitchen,” said Badjang. This was where he washed the glass jars, filled them with honey, and then went from house to house to sell them.

The one-man operation has since turned into a flourishing business, “Les Mielleries” which markets honey from more than 200 beekeepers.

The honey is filtered and then packaged in Douala, Cameroon’s largest port city. While expanding his firm, Badjang encountered a problem familiar to many small businesses in Africa. The banks would not lend him money because he couldn”t convince them that he would be able to pay it back.

Investors operating from a distance

Last year, Badjang found a new solution to this old problem. He heard about the newly established crowdfunding platform BlueBees. Based in France, it was just about to go online.

This form of financing in which entrepreneurs use internet platforms to ask the general public to invest in their businesses is already well established in Europe and the United States.

Online users decide whether they want to invest in a particular scheme, and how much they wish to contribute. These platforms are often used for art or social projects.

BlueBees specializes in entrepreneurs from developing countries, bringing them together with investors from Europe. “Jacques Georges is a really serious entrepreneur,” said Emmanuelle Paillat, managing director of BlueBees. “He needs us, because he has no access to the banks. In Cameroon, they would ask him for surety and he can’t provide it – despite the fact that his firm has been in existence for ten years,” she said.

“Les Mielleries” was BlueBees’ very first project and was launched in the spring of 2013. Badjang borrowed 20,000 euros ($26,900) for his honey business from more than 100 creditors.

It was a worthwhile investment for all involved. After just six months, Badjang had paid back the loan — plus ten percent in interest. One percent went to the BlueBees platform.

Other platforms for Africa

Meanwhile, the “crowd” – the BlueBees users – is now supporting other projects. They have invested in soybean cultivation in Burkina Faso, in a medicinal herb garden in Peru and in a leeches’ cooperative in Madagascar, to name but a few.

In recent months, other platforms have begun to offer crowdfunding for African small business owners. They include Fadev (Fonds pour le développement Afrique) and Babyloan, which taps the African Diaspora as a source of potential investors.

Babyloan wants to collect 50,000 euros for 50 small business owners in Benin by 15 September, 2014. Other platforms, such as the London-based “AfrikStart” or “SliceBiz” in Ghana, are preparing for launch.

Many obstacles for African platforms

Most crowdfunding sites for Africa operate out of Europe. It is no coincidence, said South African investor Patrick Schofield, because it is not easy to work directly out of Africa. Schofield is building a platform himself in South Africa. “Crowdfundng is very new here, a lot of people don’t understand it, or trust it,” he said. In additional, the payments system in Africa is not as well developed as it is in Europe.

Another challenge is the distance between the platforms and the entrepreneurs. It can be expensive sending money to Africa and there is also uncertainty as well “Our bank cannot say in advance how much it will cost to make a transfer from Europe,” said Emmanuelle Paillat.

Creditors often lack entrepreneurial expertise so the small teams on platforms act as advisors. They can assist with business plans, alert potential investors and online communities to the project, and even help the African entrepreneur recruit new clients.

More creditworthy

Jacques Georges Badjang did not only succeed in arranging a loan, he has also boosted his own creditworthiness as an entrepreneur as well. “Our bank which previously would never listen to us now has a better understanding of what we do,” he said. His company can now draw on an overdraft equivalent to about 7,500 euros.

But if Badjang needs money, it is still cheaper to turn to the “crowd”. He recently received a second loan of 15,000 euros from “BlueBees”. He intends to invest it in a new business: beeswax. This product requires more processing so he will have to employ more people.

By Sophie Mbugua

Kakamega/Kenya — Agriculture is the most important sector of African economies, from the livelihoods it supports to the future jobs it can generate.

The basic recipe for boosting performance is well known: more investment, better access to financial services, improved seeds, and a lot more fertiliser (appropriately applied).

What is less appreciated is the key role played by agricultural extension workers. They link small-scale farmers to new research, helping to improve their knowledge and skills so they can take advantage of market opportunities. In African countries prone to climate shocks, these extension workers have an increasingly important role to play if farmers are to learn to adapt and build their resilience.

There’s just one big problem: governments have tended to ignore extension work.

“The extension service provider’s role is enormous and urgent, especially as [the unpredictability of] climate change has brought a new dimension to agricultural research and development,” Max Olupot, of the African Forum for Agricultural Advisory Services, told IRIN.

In addition, Qureish Noordin, from the Alliance for a Green Revolution in Africa (AGRA), warned that climate variability is distorting “a huge portion of indigenous knowledge”, making the design of “realistic and practical adaptation programmes” even harder.

African agriculture, in general, is massively underfunded. In 2003, African governments agreed to the Maputo Declaration, committing 10 percent of spending to agriculture. But only 13 countries have ever managed to reach that target in any one year.

Two decades of IMF programming had pushed governments to cut spending, diminishing the reach and quality of the assistance provided to small-scale producers.

The UN’s Food and Agricultural Organization recommends there should be one extension worker for every 400 farmers. In the rich world, the ratio is roughly one to 200, but in Africa it’s closer to one to 3,000, according to Noordin.

The Kenyan example

Kenya has the largest, most diversified economy in East Africa, and farming is its market-driven mainstay. In 2010, it adopted a new constitution supposed to devolve significant powers to county governments.

But in reality, agricultural policy is still set at the national level and there is a complicated relationship with the counties over responsibilities for the day-to-day running and financing of services and programmes.

Kakamega is a lush county in western Kenya, a seven-hour drive from Nairobi. More than 80 percent of its population is directly employed in the agricultural sector.

The Kenyan government should be stepping up its help for farmers here, but since devolution there’s been a drop in the number of extension workers employed.

Currently, the ratio is roughly one to 3,000-5,000 farmers, according to Johnston Imbira, the county’s director of agriculture.

“The number has decreased due to officers retiring and exiting from the service since devolution,” Imbira told IRIN. “There are no deliberate efforts to support day-to-day extension delivery as it does not appeal to the county legislators compared to roads, which are visible to the electorate [and are a vote-winner].”

The county spends less than 4 percent on agriculture annually, despite the government’s 10 percent target.

“Expertise is dwindling,” said Jacob Masimba, an extension research liaison and training officer. “There is no regular short course training, even with climate change.”

That’s bad news for farmers like Harrison Wesa, a 63-year-old retired teacher who grows bananas on his irrigated, half-hectare plot. “We used to have monthly visitations by government officers,” he told IRIN. “Today, you are lucky to be visited.”

Wesa was forced to abandon vegetable farming due to unpredictable rains and a rise in insect infestation. He soon found he was spending far too much on pesticides, pushed by agro-dealers out to turn a profit.

With losses mounting, his son introduced him to the internet, where he soon found plenty of websites on banana production. “My challenge [now] is too much information that at times confuses me,” he said.

Noordin recognised this problem well. “Even if some farmer can download some of the information, they might require help to interpret some of the messages,” he explained.

Smartphone use is spreading, but not all small-scale farmers can individually afford the data charges for downloading YouTube videos on the latest techniques, few of which are in Kiswahilli, the most broadly spoken language in Kenya.

New approaches

But there are alternatives.

In many countries, extension services are going through profound change, out of necessity. What used to be a centrally controlled, top-down model is increasingly more participatory, farmer-led, and market-orientated.

Farm Africa is an international NGO that has been working with East African farming communities for decades. Its approach includes not only a farmer-to-farmer extension model in which “elite” farmers are trained and pass on the message to their peers, but also partnerships with the private sector.

Geoffrey Nyamota, Farm Africa’s head of market engagement, explained how private businesses buying peas and beans are now providing extension services “directly to the farmers”.

“Public-private partnerships are a win-win,” he told IRIN. “The government is happy, as they know their goals will be delivered on; the private sector is happy, because they get the quality they need.”

Farm Africa has also tested mobile technology in Tanzania, with farmers viewing interactive training modules on tablet computers, as an alternative to traditional demonstration plots. It found that farmers trained using tablets were able to achieve similar increases in knowledge of sesame cultivation, but for about a third of the cost.

And old-fashioned radio still has a role to play, acting as a “megaphone” for extension work. Typically, farmers group themselves into listeners’ clubs and can call in or use SMS to participate in the FM programmes.

And while some governments don’t appear to be getting the message yet, Agriculture for Impact, an advocacy initiative, says a revitalised and expanded role for advisory and information services is now seen “as central to pro-poor agricultural growth”.

By Burhani Yakub

Tanga — Twelve people died as 34 survived after their Pemba-bound dhow, which they boarded in Tanga, capsized in the Indian Ocean due to what has been termed “poor weather”.

Tanga Regional Police commander Benedict Wakulyamba said the mishap occurred near Jambe Island, which is not far from the Tanga coastline, at around 2am.

Mr Wakulyamba further said the 34 survivors were rescued by fishermen who happened have been near the point at which the tragedy struck.

He added police are still looking for six other travellers who have been presumed dead, while those who were rescued have been admitted to Bombo Regional Hospital. “A total of 34 people out of 52 people who were aboard the dhow were rescued while 12 bodies were recovered… we are still looking for the missing travellers,” said Mr Wakulyamba.

The police boss said the dhow left Tanga at midnight, having sailed off from an unofficial port located at Sahare.

Speaking to The Citizen, some of the survivors said they left at around 1.15am.

According to Mr Mkubwa Yusuph Hassan (55), one of the survivors, there were 52 passengers as well as cargo, which included rice, potatoes, beans and beer cartons.

Mr Hassan added that the captain of the dhow lost control of the vessel after it was hit by strong waves.

For his part, Mr Mussa Isah Mohamed,37, who was travelling alongside his son, said he saved his life after swimming to one of the fishermen’s boats.

Unfortunately, he said, his son and his brother were not so lucky. “I’m still grieving, I couldn’t save either my son or my brother; the whole thing happened so fast that I couldn’t do anything,” said Mr Mohamed crying.

For his part, an official with the Surface and Marine Transport Regulatory Authority (Sumatra), Dr Walukani Luhamba, based in Tanga, accused some boat operators of violating rules and regulations that guide sea travel.

Meanwhile, President John Magufuli yesterday sent his condolences to the regional commissioner and families of 12 people who lost their lives in the dhow accident.

“I’ve been shocked and saddened by the news of the deaths of our fellow Tanzanians. I ask the regional commissioner to convey my deepest condolences,” he said.

By Senator Iroegbu

Abuja — The National Union of Petroleum and Natural Gas Workers (NUPENG) has suspended its three-day warning strike that commenced yesterday, after a deal was reached with the government, international oil companies (IOCs), and other stakeholders in the industry over the issues.

Speaking with iournalists at the end of the meeting that lasted over five hours in Abuja, NUPENG President, Igwe Achese, said having been satisfied with the commitment shown by the Ministry of Petroleum over the issues, the union would suspend the strike.

NUPENG had embarked on a three-day warning strike over casualisation, job security issue, non implementation of collectives agreement in the oil and gas sector in the country, and the bakarnisation of the ongoing divestment system that is currently taken place in the idustry.

Meanwhile, the commitment by the IOCs was that all the oil companies should go and address the grey areas concerning welfare issues of their workers and report back their respective ministries within two weeks.

In the same vein, the Minister of Labour and Employment, Dr. Chris Ngige, who presided over the meeting, said it would enforce compliance of the oil companies with agreement reached with the unions in the oil and gas industry.

Also, Ngige directed the oil companies that did not show up for the meeting to appear before it on or before January 24, 2017, failing which the ministry would enforce relevance laws to compel them to appear.

The minister further explained that meeting was to provide lasting solution to the lingering industrial crisis in the oil and gas sector.

He said: “A lot of agreement have been reached but not complied with by the IOCs and the LOCs as petition by the unions. is even more painful and regretful that NNPC has also not live up to their agreements.

“So, the essence of the meeting is for us as re-conciliators to arrest pending strike by NUPENG and PENGASSAN. And for the companies involved whether government or IOCs or LOCs to sit down with us and agree on timelines for the effective implementation of the agreement reached.”

By Enid Ninsiima

Kasese — It is nearly a year ever since activities at Kilembe Copper Mines Limited in Kasese District were put to a halt by National Environmental Management Authority (Nema) as a result of non-compliance to environmental standards.

The project manager, Mr Alex Kwatampora Binego, told Daily Monitor in an interview that they have finalised the Environmental Impact Assessment (EIA) with Nema, the implementing agency, and would soon resume business.

“We are still closed. Our EIA is done but not yet out. We hope to open fully in February or March. We just have few issues to sort out with Nema and government but otherwise, all other issues are done,” Mr Kwatampora said.

The project manager did not give details but disclosed they have to make some remittances as per the agreement.

In February 2016, NEMA wrote to the management of Tibet Hima, a mining company that took over Kilembe Mines Limited in June 2013, warning them about waste management.

In his letter, the Nema executive director, Mr Tom Okurut, said the authority noted with concern that despite numerous reminders and notices to the mining firm advising it to comply with environmental requirements applicable to the Tibet Hima Mining Company Limited (THMCL) mine developments and operations, THMCL has not addressed these issues as needed.

According to February 25, 2016 letter, THMCL was supposed to have addressed the management and disposal of mine tailings.

Mr Okurut argued that before Uganda enacted environmental laws and standards, tailings were dumped in the nearest convenient location including nearby wetlands or rivers but this would introduce sediment and contaminants into those water bodies in many cases adversely affect aquatic life.

He added that some of the worst environmental consequences of mining have been associated with the poor handling of tailings and disposal within nearby rivers.

“Inspection by officers from the authority to Kilembe reveals that the mine tailings from the THMCL activities are either deposited into river Nyamwamba or within the 100 meter river protection zone of the river bank,” Mr Okurut wrote.

NEMA advised that a facility engineered for proper tailings treatment or handling/storage is established by THMCL guided by relevant environmental laws and procedures.

When contacted last Friday, the Kasese District environmental officer, Mr Augustine Kooli, said the operations at Kilembe mines were closed temporarily until the company comes up with (EIA).

By Ademola Adebayo

While it is important to note that the implementation of the 2016 budget would be ongoing till May 2017, the President Muhammadu Buhari’s administration has proposed an increased budget estimate for the mining sector in the 2017 budget proposal.

“Our work plan and budget for the year 2017 is inexorably guided by the provisions of the roadmap, particularly the immediate short, medium and long term targets we have set,” the minister of Mines and Steel Development, Dr. Kayode Fayemi, said during a media briefing towards the close of 2016 on the ministry’s journey so far.

According to the minister, the government would continue to work to make the nation’s mining sector more competitive in the global mining space, and relevant to domestic needs and strategic sovereign goals.

Fayemi said the government, in line with the recently designed roadmap, would focus on priority areas of competitive advantage to drive growth of the sector.

Using the roadmap as a strategic guide

According to Dr. Fayemi, specific objectives of the roadmap that would guide the ministry’s work in 2017 and include; the setting up of the Mining Implementation and Strategy Team (MIST) to drive the effective execution of the roadmap; the set-up of the Council of Mining and Mineral Resources, restructuring and reorganisation of the ministry for more efficient operations, and enforcement of established laws and regulations governing the mining sector.

Also contained in the roadmap is the need to effectively expand the coverage, resolution, and access to geosciences data in Nigeria, and the development of the full value chain capacity, from exploration to mines development, to processing and beneficiation. Already, officials saddled with this task have commenced processes that will see Nigeria updating its obsolete geosciences data.

Another prominent feature of the roadmap that the ministry would undertake is the commencement of the process of working with national and state legislatures and governments to address gaps, and resolve conflicts in mineral resource legislation. harmonizing (financial) incentives for attracting mining majors and juniors to Nigeria and catalyse investments in infrastructure.

World Bank support will drive the mining sector

Year 2017 is expected to see the full commencement of the substantive World Bank support programmee – the Mineral Sector Support for Economic Diversification Project (MinDiver) – which will be part of an overall mechanism through which the initiatives of the roadmap are expected to be realized.

According to Dr. Fayemi, MinDiver will be financed primarily through a loan from the World Bank and has been designed to deliver results in three phases: the short-term results (1-2 years post implementation), medium term results (3-5 years) and longer-term results (5+ years), in line with the roadmap.

He noted that “the MinDiver project will seek to develop the downstream sector and enhance competitiveness by providing practical technical assistance based on “proof of concept” investment/transaction and bring assets to a higher developed stage within the conventional mining cycle.”

Opening of bids for Bitumen blocks

Nigeria’s priority minerals will be those for which data exists around their continued commercial viability (e.g. proven reserves). The minister gave seven of such mineral resources as – iron ore, coal, bitumen, limestone, lead/zinc, gold, and barite. They have been identified as key for Nigeria’s domestic industrialization and infrastructure requirements.

“In addition, selective emphasis will be placed on other mineral assets that are critical to existing downstream projects (e.g. manganese for the steel industry). For example, before the end of Quarter 1, 2017, the Bitumen blocks would be available for interested investors to bid,” Fayemi said.

Industry regulation

The establishment of a mega regulatory agency which is critical for the industry is also expected to take effect this year. It is expected to comprise the existing Mining Cadastre Office as well as the Mines Inspectorate, Artisanal and Small Scale Mining; and Mines Environmental Compliance departments, as contained in the approved roadmap. This new agency, according to the ministry, would have the full independence and powers to effectively regulate the industry in a much more transparent and efficient manner, in keeping with global best practices.

Financial sector participation

Given the capital intensive nature of the mining sector, and the highly speculative return on investments especially during exploration, the FG is working with the Nigerian Sovereign Investment Authority, the Nigerian Stock Exchange and others to assemble a $600m investment fund for the sector this year has commenced capacity building on mining finance within banks and financial institutions, in order to build their knowledge assets in the sector.

Accordingly, Dr. Fayemi said given government’s efforts towards increasing the funding and revenue profile of the sector, there is need for all stakeholders to partner with it, take advantage of the available funding provisions and operate in accordance with global best practices in mining to realise the dream of making Nigeria a mining destination.

By Haftu Gebrezgabiher

Efforts made towards manufacturing and renewable energy development reduced country’s vulnerability to price declines.

Ethiopia would not mainly base its economy on minerals and natural gas extraction. The country is rather developing various industrial parks, aiming to be African light manufacturing industries hub.

In a press conference Monday, Prime Minister Hailemariam Dessalegn said diversifying industrial parks is government’s priority for it is a reliable path to achieve the set development goals.

“We have drawn lessons from Hawassa Industrial park. It has an economic value of generating over one billion USD annually. And we noticed that by diversifying such industrial parks, we can overcome hard currency shortfalls and unemployment.”

The premier said though various companies engaging in the exploration of mineral ores and natural gas had reported a huge reserve, the sector is not an area of much interest.

His justification bases on the shaky price of minerals and oil. According to him, mineral and oil exporting countries had been worst hit by global price decline. “Ethiopia is able to stand off such risk owing to efforts made towards manufacturing and renewable energy development.

However, he underlined that the government would not impede the flow of Foreign Direct Investment engaging in the extraction of minerals.

Pertaining to hard currency shortage, the premier said the issue is common in countries like Ethiopia that invests 40 percent of their GDP.

He added the government does understand economists’ premise to devalue Birr against the USD. “It is possible to devalue, however, the impact is high in that local companies and exporters will be much alarmed.”

Mentioning last year’s export volume marked increase, Hailemariam noted that the government is working to diversity export items this year.

ANALYSISBy Faustine Kapama

The recent High Court’s decision, confirming the Cybercrimes Act does not abrogate the Constitution of the United Republic of Tanzania, is another sign that the government has been performing its duties for public interests and not otherwise.

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.