![Screenshot of the cybercrimes and computer misuse bill. [Photo courtesy]](https://i0.wp.com/www.sudanspost.com/wp-content/uploads/2023/11/Screenshot-35.png?resize=850%2C351&quality=80&ssl=1)
Speaking to journalists following a regular cabinet meeting in Juba on Friday, information minister and government spokesman Michael Makuei Lueth said the bill was drafted in 2021 but was presented to parliament after it elapsed.
He said the minister of justice had to compile another draft and that the cabinet meeting chaired by President Salva Kiir Mayardit yesterday endorsed the latest draft and the minister has been directed to present the bill to the transitional parliament.
“This bill was issued in 2021 but it lapsed before it could be presented to the parliament and when it was presented to the parliament, it already lapsed in accordance with provisions of the law,” Makuei said.
“So, the minister has to redraft and put it in the form of the bill and this bill was presented today for the protection and control of cybercrime and computer misuse.
“This law was also discussed and passed to the next level and the minister of justice is directed to present it to the Transitional National Legislative Assembly (TNLA) for consideration,” he added.
According to a draft of the bill publicized in 2021, cybercrimes include unauthorized data transmission, human and drug trafficking, computer hacking, espionage, economic sabotage, cyber terrorism, and sexual offense communication.
Other crimes are publication of false information and indecent content, impersonation, and other identity-related offenses, as well as disclosure of passwords. The sentences for these crimes, according to the initial version, range from four to twenty years of imprisonment.
Prominent South Sudanese have faulted the move, saying the process was not inclusive and transparent, and that the order does not favour all. The country’s exiled activist Wani Michael described the move at the time as unconstitutional, illegal, null and void.
“Article 55 (3) of the constitution clearly indicates that the ministry has no constitutional jurisdiction or authority to enact any law as it is the sole responsibility of parliament to legislate and enact laws in South Sudan. Any purported law passed by the Ministry of Justice without the parliamentary enactment is unconstitutional and illegal,” Wani stated.
