The Ministry of Justice and Constitutional Affairs on Monday tabled the Cybercrime and Computer Misuse Bill 2024 in the Transitional National Legislative Assembly (TNLA) after the House sent back the law which was a Provisional Order to be packaged as a bill.
The law was first issued by President Salva Kiir as a Provisional Order in 2020, together with the Disarmament of Civilian Population Provisional Order 2020 and the National Public Health Provisional Order 2020.
However, in 2023, the TNLA sent back the three provisional orders which were supposed to be tabled by Justice and Constitutional Affairs Minister Ruben Madol to the latter’s ministry saying that their time had constitutionally elapsed.
The provisional orders were based on Article 86 (1) of the Transitional Constitution of South Sudan which provides that when parliament is on recess, the president can issue provisional orders that have the force of law in urgent matters. The provisional order was issued by the president in 2020 and 2021 before the parliament was reconstituted.
Presenting the Bill on behalf of Minister Ruben Madol Arol, Joseph Malek Arop, the deputy minister, said the purpose of the bill is to protect and prevent any crimes committed using computers or computer systems.
“The Cybercrime and Computer Misuse Bill was submitted to the president when the TNLA was not in session. The president assented to the provisional order on 7 May 2021,” Arop stated.
He said following its rejection by parliament, his ministry decided to redraft the provisional order in the form of a Bill to be brought before the House for debate in line with South Sudan’s transitional constitution 2011, as amended.
Upon tabling the bill, TNLA Speaker Jemma Nunu Kumba sent it to the House’s committees of Information and Communication Technology, Security and Public Order, and Justice and Legislation.