Cybercrime: Namibia must ‘get its house in order’
After the 2023 Allianz Risk Barometer report identified cybercrime as one of Namibia's biggest security risks, John Katanga, a master's student in digital forensic science at the Namibia University of Science and Technology (NUST), warned that a lack of cybercrime legislation could lead to sentences that are insufficient to deter offenders.
"When a crime is committed using a computer, a charge cannot be made for the use of the computer, but one can rely on traditional and general crime [legislation]," he said.
"For example, someone may be charged with theft under false pretences, but when those laws were put in place, there was no foresight that we would struggle with crimes committed via computers," he added.
Isaac Nhamu, a lecturer in cybersecurity at NUST, said the rapid evolution in digital technologies makes it challenging to implement adequate legislation.
In response, Katanga pointed out that, among other issues, the Computer Evidence Act is no longer relevant in a world where more advanced technologies are the norm.
Local concerns
On the possibility of Namibia's possible participation in various international treaties, including the European Council's Budapest Convention on Cybercrime, which Namibia has not yet signed, Nhamu emphasised that it is more important for Namibia to first get its own house in order.
"We must be careful about when we join what others are doing," he said.
He also believes that the African Union's Malabo Convention functions more as a guideline for the government's digital ecosystem than as a binding treaty that holds parties accountable.
"Some of these treaties do not address our concerns," Katanga said, explaining that Namibia should focus its attention on the underlying reasons for the extended delay in implementing the Draft Cybercrime Bill.
The bill has been in the pipeline for nearly 20 years since the decision was made to separate it from the Electronic Transactions Act.
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"When a crime is committed using a computer, a charge cannot be made for the use of the computer, but one can rely on traditional and general crime [legislation]," he said.
"For example, someone may be charged with theft under false pretences, but when those laws were put in place, there was no foresight that we would struggle with crimes committed via computers," he added.
Isaac Nhamu, a lecturer in cybersecurity at NUST, said the rapid evolution in digital technologies makes it challenging to implement adequate legislation.
In response, Katanga pointed out that, among other issues, the Computer Evidence Act is no longer relevant in a world where more advanced technologies are the norm.
Local concerns
On the possibility of Namibia's possible participation in various international treaties, including the European Council's Budapest Convention on Cybercrime, which Namibia has not yet signed, Nhamu emphasised that it is more important for Namibia to first get its own house in order.
"We must be careful about when we join what others are doing," he said.
He also believes that the African Union's Malabo Convention functions more as a guideline for the government's digital ecosystem than as a binding treaty that holds parties accountable.
"Some of these treaties do not address our concerns," Katanga said, explaining that Namibia should focus its attention on the underlying reasons for the extended delay in implementing the Draft Cybercrime Bill.
The bill has been in the pipeline for nearly 20 years since the decision was made to separate it from the Electronic Transactions Act.
- [email protected]
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