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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