June 30, 2021
OPEN LETTER TO THE RT. HON. SPEAKER OF THE HOUSE OF PARLIAMENT
The Hon. Dr. Paran Tarawallie,
Clerk of the House of Parliament,
29th June, 2021
FOR ATTENTION: DR. ABASS C BUNDU, RT. HON. SPEAKER OF PARLIAMENT.
Dear Hon. Clerk of Parliament,
RE: A RECOMMENDATION TO AMEND THE TITIE OF THE CYBER CRIME BILL
BEFORE FINAL ENACTMENT INTO LAW
I refer to the captioned and humbly wish to draw your attention to commentaries as under:
To every Law intended to redress felony or criminality are expressed penalty or penalties, but in none of them is the word: “CRIME” conspicuously built into their title references. For examples: The Public Order Act; The Offenses Against The Persons Act; The Bills of Exchange Act; The National Public Procurement Act; The Sexual Offences Act; The Companies Act, The Local Courts Act; The National Commission for Privatization Act; The Courts Act; The Right To Access Information Act; The Political Parties Act; The Universities Act to name a few.
I have cited a broad spectrum to make my case that even though all or most of them connote penal codes upon their violations, in none of them is the word: “CRIME” conspicuously built into their titles – even the title of Criminal Procedures Act that is overtly enacted for redress of “CRIMES” is not titled: “THE CRIMINAL PROCEDURES CRIMES ACT”, because it covers many other aspects in addition to penalizing crimes Per se’. The same I daresay holds good for the proposed Cyber Laws, the basis of which is more to regulate the cyberspace than to criminalize offenders.
So I am kind of bemused when both in its Bill and proposed Enactment forms the word: “CRIME” is emphasized, instead of using the simple title: “THE CYBER ACT OF 2021”.
Will it mean that the ultimate weight and efficacy of this Law upon its violation will become mitigated if the word: “CRIME” is omitted from the title? I think not Mr. Speaker and Honourable Members of the House of Parliament and in view thereof am recommending that before its final enactment, the adjectival noun “CRIME” be deleted from the title, and that the Law be simply titled: THE CYBER ACT OF 2021”.
Winstanley.R.Bankole. Johnson (JP;CO).