East African Legislative Assembly
East African Legislative Assembly, Kampala, August 26, 2015: EALA has this afternoon adjourned debate on the EAC Electronic Transactions Bill 2014 to pave way for stakeholders to make additional input.
The adjournment came after a request for deferment of the debate by the Chair of Council of Ministers, Hon Dr. Abdallah Saadaala was approved. In his ruling, the Speaker, Rt Hon Daniel F Kidega directed that the Bill be brought back to the Order paper during the next Plenary in Nairobi, Kenya.
The Chair of Council of Ministers reiterated total support of the Bill but added there was need for more time for the consolidation of further inputs and comments by stakeholders. At the same time, consultations are been called to allow for enrichment of the Report of the Committee of Communication, Trade and Investment.
According to the Chair of Council of Ministers, the Bill has been shared with the East African Communications Organisation (EACO) headquartered in Kigali, Rwanda and the EAC Monetary Affairs Committee (MAC) for comments.
The EACO brings together a number of consumers of e-transactions. At the same time, the Minister affirms that EAC is also developing and implementing the electronic payments and settlements systems under the leadership of the Monetary Affairs Committee to enhance financial infrastructure in the region.The Secretary General of the EAC, Amb Dr. Richard Sezibera similarly wrote to the Assembly requesting for more time to consult stakeholders.
The Electronic Transaction Bill, 2014 seeks to meet the need of exploiting electronic transactions in the modern day business transactions. The Bill further wants to promote technology neutrality in applying legislation to electronic communications and transactions and to develop a safe, secure and effective environment for the consumer, business and the Governments of the Partner States to conduct and use electronic transactions. EALA has already undertaken a series of public hearings to source for views from stakeholders on this particular Bill.
The initiator of the Private Members Bill is Hon Dr. James Ndahayo.
Today’s debate was preceded by tabling of a report by the Committee on Communications and Trade Investment which undertook public hearings on the Bill. The Members of the Committee were divided into two groups to undertake the public hearings. One group covered the Republics of Burundi and Rwanda while another one covered the United Republic of Tanzania and the Republic of Kenya and both groups then converged in the Republic of Uganda.
The stakeholders consulted included among others:- Ministries responsible for ICT, including ICT regulators and the e-government agencies, Ministries of Trade and Commerce and the Finance Ministries. Others were Offices of the Attorneys General, including the Law Reform Commissions; Law Societies and Law Enforcement agencies as well as the East African Business Council and Private Sector Federation.
Hon Judy Pareno said the mobile telephony exchanges and pay systems were necessary in the region. It should however be anchored by a relevant piece of legislation.“I thank the mover for coming up with it. Let us enrich it and have some safeguards in the legislation” Hon Pareno said.
Hon Isabelle Ndahayo said businesses continued to face pressure to transact business electronically. “The need for speedy and efficient systems while cutting down costs is key”, Hon Ndahayo said, adding, that it was time to have a regulatory framework in place.
The Bill will facilitate regional traders by offering practical solutions and provide security to those who use electronic modes of transaction. “It enhances the type of transactions necessary and prohibits others”, thus builds trust and confidence among users”, Hon Ndahayo said.
Hon Abubakar Zein remarked it was time for East Africans to embrace the knowledge age we live in. “We should however consult more widely and pick more views from the stakeholders”, Hon Zein said.
He challenged the Assembly to move also towards reviewing its own Rules of Procedure to be technologically compliant. He said the time to move to a paperless Assembly was now.
“Let use e-footprints, he said, while imploring EALA to go the e-business way”.Hon Nancy Abisai said all five Partner States had made an effort to have legislation on electronic transaction.
Many of the Partner States are moving to e-government systems including implementing the single window systems. “This also includes the implementation of the customs systems. We thus need to ensure business is transacted in a manner that is legally binding”, she added.
The legislator remarked that the Central Banks and other authorities had raised key fundamental issues and such were considered by the CTI Committee during the public hearings. We must embrace the era of technology and internet services we are moving into.
Hon Patricia Hajabakiga said the entry of the Common Market Protocol in itself was vital for the envisaged Bill. “We are not an island and cannot be isolated from the rest of the world. The fact that I can sit in Kigali and transact business in Dares Salaam without picking a flight enables me save money and speed up business,” she said.
Hon Susan Nakawuki said there was need to enhance security facilities on the sim-cards’ chip especially on telephony. The email systems can also go viral and there are challenges to cyber security including cookies and infringement of data.
Hon Dora Byamukama termed the Bill important but said there were areas of additional input and clarification necessary to strengthen the Bill.
She remarked that terrorism was a major concern but one that could be addressed if nabbed through electronic means.
Hon Mumbi Ngaru, Hon Martin Ngoga and Hon Pierre Celestin Rwigema supported the Bill. Others were Hon Mike Sebalu and Hon Abdullah Mwinyi.
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