Zanzibar eGovernment Agenda - Legal Provision Effectiveness Legitimacy

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ZANZIBAR eGOVERNMENT AGENDALEGAL PROVISION, EFFECTIVENESS AND LEGITIMACY

29 November 2011

Overview

In Zanzibar up to the end of last decade we have been experiencing profound social and

economic changes in what may well amount to a country rebirth, though the country

continuing socio-economic problems should not be understated, it is clear that current

country developments do not hold the promise of carrying Zanzibar into a new era of

great improved prospects for socio-economic developments in relation to education,

health service and wealth creation, more needs to be done in a professional and ethical

way, as the country has a legacy of unequal distribution of socio-economic development

based on geological location, due to the lack of adequate resources.

Zanzibar problems in the backdrop, needs a critical strategic entry-point as a strategicneed, which could enhance socio-economic development of the islands, eGovernment

has been promoted as a key useful tool for socio-economic developments1. It has a

profound effectiveness in sharing resources, research information, government

openness and distance services. It has also been used to facilitate official

communications2. As over the years now Zanzibar government has been battling to

address the problem of inequitable services to its citizen as a legacy of poverty.

eGovernment like most information technology platforms, is here to stay and has some

great potential in socio-economic developments, but will have a long way to go beforeall of people in Zanzibar would need to use it.

1HAJI, H. M. (2000) Internet is a Strategic Need for Socio-Economic Development in Sub Saharan Africa,De Montfort University, September 2000, Milton Keynes, UK.2 RITA SANTOS et. al. (2009), Understanding Adoption of eGovernment: Principals, Agents andInstitutional Dualism, Institute for Development Policy and Management, 2009, UK


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eGovernment is critical to social and economic activities that comprise the development

process, as a means of interaction between government and the citizen, and not simply

a connection between government and citizen, but a link in the chain of thedevelopment process and openness of the government to its citizens3.

eGovernment will help Zanzibar to accelerate its development plans, stimulate growth

and provide new opportunities in education, business, healthcare, job creation and food

security. It is a process to leapfrog stages of socio-economic development and raise

citizen access to their government4. Along with the benefits of eGovernment it also come

with issues, which pose great challenges to reap the full benefits of the transformation,

it is therefore very important that these issues to be considered as top priority and

addressed accordingly before the word go. The issues can be easily identified through

Zanzibar eGovernment agenda impact assessment, which needs to be properly designed

for a good return.

eGovernment Agenda and Legal Provision

The concept of Zanzibar eGovernment agenda technically derived from Act No 2 of 2011section 97 which established the institution relating to information and communication

technology policy and operation within the public service5. That there will be a

department under public service ministry, which shall execute all functions related to the

use of information and communication technology within the government. It is that

department according to the laws of Zanzibar empowered and vested a mandate to

create policies and implement the agenda and maintain the resource. It is therefore

illegitimate for any one outside the department and the ministry under the interpretation

of the Act No 2 of 2011 section 3 and subsequently section 51 to proceed asgovernment agent on this regard. It is only that department mentioned under this Act

will have to co-ordinate the process toward fully decorated eGovernment. It is therefore

3PROF. RICHARD HEEKS (2000), Government Data: Understanding the Barriers to Citizen Access and UseIDM, Manchester 2000, UK4G. DAVID BRIN (1999), The Transparent Society : Will Technology Force Us to Choose Between Privacyand Freedom, Perseus Publishing, 19995 ZANZIBAR GOVERNMENT (2011), The Public Service Act No. 2 of 2011 House of Representative ofZanzibar, 27 January 2011, Tanzania, United Republic of.


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important that Zanzibar government needs to show some seriousness on good

governess of the agenda and not let individuals to act on behalf of the government

contrary to the law, and for their own personal desire to grab headline while messingaround with future potential country resources to improve citizen engagement with

government6.

It is about time for Zanzibar government to implement the legal requirement of the Act

No. 2 of 2011, and establish the institution which will allow Zanzibaris to get the best

out of Zanzibar eGovernment agenda, while reaching the needs to adopt the agenda in

a professional way, explore our in-house ICT capacity, potential skills to the fullest

extent and takes the lead of the vision to the right direction.

It is a requirement of the law for that department to establish framework to be used by

all government institutions, facilitate and co-ordinate the development and enhancement

of electronic service and access of citizens to the scheme, who dont have access to

electronic services. It is that department will have a specific strategic function that

includes to build and maintain quality country backbone ICT infrastructure with

adequate international connectivity, to build and maintain quality ICT infrastructure forZanzibar eGovernment agenda, to acquire and implement a portfolio of key integrated

eGovernment applications, to ensure quality management information systems services,

to develop and enforce relevant ICT standards and policies, to ensure security of

systems and data, to build a sustainable in-house human capacity to implement, support

and exploit ICT resources more effectively and efficiently, to create and operationalise

an appropriate governance structure for eGovernment agenda, and ensure adequate

and sustainable process for the benefit of all.

eGovernment Agenda Effectiveness and Legitimacy

Zanzibar government under the implementation of Act No. 2 of 2011 needs to balance

the advancement of the technology within Zanzibar eGovernment agenda and our legal

6DAILY NEWS (Last Updated : 11 October 2011), Zanzibar to Adopt eGovernment 2012, (Tanzania - In by: Ali Sultani) Available at http://www.dailynews.co.tz/business/?n=24431&cat=business (Accessed :28 November 2011).


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The protection of the citizen right to privacyis the fundamental human right appears in

Zanzibar constitutions and this do provides an indication of its importance11. Protection

offered by constitutions is like its common law discussed earlier contemporary not anabsolute protection, as may be limited in terms of law of general application in Zanzibar

and has to be balanced with other rights to be entrenched within Zanzibar eGovernment

agenda framework12. Much of the quoted dictum comes from Gartside v Outram[1857]

26 LJ Ch 113, where it was justified breaching of citizen privacy in the public interest, if

it was related to some misconduct, and this misconduct institute a criminal or unlawful

activity or if that public interest is for carrying out public decision.

For instance United Republic of Tanzania constitution provides a number of citizen rights

such as right to get education, right to work, right to move freely and many more 13. But

obviously in order to exercise these rights properly, personal data may be necessary

needed or exposed, and it is obvious that the government can only fulfil their duty or

functions properly if they also have access to sufficient personal data of their subjects.

This means laws to protect personal data in the eGovernment concept have to

accommodate all these rights and interests in a balanced manner14. Therefore Zanzibar

constitution alone cant address issues within the legal requirements for ZanzibareGovernment agenda.

It is therefore the duty of the department to be established under Act No. 2 of 2011 to

work on this fundamental issue NOW, rather waiting till when Zanzibar president

inaugurate Zanzibar eGovernment initiative to maximise Government accountability and

interaction to its citizen, taking into account Tanzania where Zanzibar is part of, signed

and adopt Open Data Government Partnership, where eGovernment can facilitate its aim

to be more open to its citizen in various decision making process.

11 URT CONSTITUTION (1984 as amended), Every person is entitled to respect and protection of hisperson, the privacy of his own person, his family and of his matrimonial life, and respect and protection ofhis residence and private communications, Article 16(1), Dodoma, 199412 DIANE ROWLAND (2003), Privacy, Data Retention and Terrorism, 18th BILETA Conference : ControllingInformation in the Online Environment, QMW London, April, 200313URT CONSTITUTION (1984 as amended), Rights and Obligations, Chapter Two Section Three Article 12to Article 32, Dodoma, 1984.14COLIN J. BENNETT (1992), Regulating Privacy : Data Protection and Public Policy in Europe and theUnited States, Ithaca, Cornell University Press, 1992.


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As it defined above the development of the eGovernment will also pose serious

problems to Zanzibar society, others are which instigate crimes activities. Through

eGovernment platform online terrorists, cyber criminals, hackers they all present a widevariety of threats and will create new pressure to Zanzibar intelligence, defence and law

enforcement agencies. Online criminals have a major advantage, they can use the digital

network to inflict damage to country well being, while simultaneously reducing the risks

of getting caught. Zanzibar have developed cyber crimes related legislation15, may be

that is not enough to curb the problem, cyber security team needs to be formed to block

and investigate crimes related to online activities16. As technology rapidly advances,

preventing online crime and catching online criminals will only become tougher, since

many of the crime facilitated out of geographical boundary17. It is therefore important

for this department to direct the government initiative to keep with the pace of

technology and involving others such as higher learning institutions for research on

system security.

Despite the drawbacks of the eGovernment, but Zanzibar is on the threshold of a new

revolution from one of 1964, which will change dramatically the paradigm of way of

living. This revolution will have an influence practically on every aspect of life, work,recreation and interaction with the government. This revolution will overcome the

barriers imposed by political boundaries, physical features and cultural differences.

Therefore it will be the duty of the department to be established under Act No. 2 of

2011, to influence changes on our legal framework, trained system security

professionals, draw guidelines and standard operating procedure, and making allies with

other partner within the region and world at large to address the problem, should not be

the impediment not to take the good course to promote Zanzibar way of life18.

15ZANZIBAR GOVERNMENT (2004), Zanzibar Penal Code Act No. 6 of 2004, House of Representative ofZanzibar, 2004, Tanzania, United Republic of.16 PAULA UIMONEN (1997), The Internet as a Tool for Social Development, United NationsResearch Institute for Social Development, 1997, Switzerland. pp 1-417 RICHARD HEEKS (1998), Information Technology and Public Sector Corruption, IDPM, University ofManchester, September 1998, UK. pp. 318AFRICA DEVELOPMENT FORUM (1999), The Challenge to Africa Globalisation and the Information Age,

AISI, 1999, Addis Ababa, Ethiopia. pp 1-6


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Due to the colossal security implications facing the eGovernment era, it is vital to re-

define our legal framework on official secrets to protect information and other assets

relating to national security and government functionalities under eGovernment19. It ishighly likely during the course of using eGovernment systems, civil servants will come

into contact with information which normal on conventional way of doing government

business was not possible and that are protected against disclosure by the Official

Secrets Act, all such information must be held in strict confidence not to endanger

national security and government functionalities20. It should be explicitly laid down

within the new legal framework for eGovernment that one will commit an offence if

disclosed any information, document or article obtained under terms of interception of

communication while using the system to facilitate eGovernment activities. The new

legal framework should not only constitutes crime and offences on disclosing

information, document or article classified under new Official Secrets Act, but one should

also commit an offence by making through the system facilitate eGovernment a

damaging information, document or article this including harassments of any form,

sexual harassment, racial or religious harassments.

ConclusionIt is vital for Zanzibar government to implement the legal requirement of the Act No. 2

of 2011 section 96 and 97, so Zanzibar eGovernment agenda can be properly co-

ordinated, facilitated and implemented in a professional and legitimacy manner.

Zanzibaris deserves the best out of Zanzibar eGovernment agenda, personal desire

inputs to the concept will derail and send off the course the meaningful eGovernment

for the benefit of all.

References :

HAJI, H. M. (2004), Lack of Uniform Interpretation and Legal Provisions of DataProtection Laws : The Unknown of Its Effectiveness and Legitimacy in Europe andBeyond, University of Strathclyde, September 2004, Glasgow, UK

19BUTCHER, N. (1998), The Possibilities and Pitfalls of Harnessing ICTs to Accelerate Social Development :A South African Perspective, SAID TALERO, E. E, April 1998, Johannesburg. pp 16-1720 GIDDENS, ANTHONY (1990),The Consequences of Modernity, Polity Press, 1990, Cambridge. pp 1-5


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THE HOUSE OF COMMONS (2003), Anti-terrorism, Crime and Security Act 2001 Review,The Stationary Office, London 18 December 2003.

HAJI, H. M. (2003), Do Converged Regulatory Authorities Represent the Optimal WayForward for the Regulation of the Communications Sector? : A Case of TanzaniaUniversity of Strathclyde, June 2003, Glasgow, UK.

PAMELA PHILLIPS (2001), Email Ethics and Etiquette, Computer Law Association :Managing the Global Digital Information Technology Explosion, Washington DC, May2001.

GUADAMUZ ANDRS (2000), Habeas Data : The Latin-American Response to DataProtection', The Journal of Information, Law and Technology (JILT) 2000 (2), Warwick

University, 2000.DOUWE KORFF (2002), EC Study on Implementation of Data Protection Directive :Comparative Summary of National Laws, Human Rights Centre, University of Essex,Colchester UK, September 2002.

CHRIS MADDOCK (2000), Act Delivers New Protection Rights, Business MK, April 2000Vol.2 No.4, Milton Keynes, p 6.

AMAN A. KARUME (1999),Speech for Inauguration of ZANTEL Ground GatewaySatellite, Ministry of Communication Zanzibar, March 1999, Zanzibar. pp. 1-3

HUMAN RIGHTS WATCH (1999), Africa : Human Rights Developments, Human RightsWatch, NY 10118-3299 USA. pp 1-5

USTARAN E. (1997), Data Protection Regulation : The Challenge Ahead', The Journal ofInformation, Law and Technology (JILT), October 1997.

AKDENIZ, Y. (1997),The Regulation of Pornography and Child Pornography on theInternet, The Journal of Information, Law and Technology (JILT), February 1997,Leeds. pp 1-14

HEEKS, R. (1998), Management Information and Management Information Systems,

School of Oriental and African Studies, University of London, UK.TALERO, E. et. al. (1998), Harnessing Information for Development: A Proposal for aWorld Bank Group Vision and Strategy, Information Technology for Development,Washington, USA.

BEESON, ANN (1996), Top Ten Threats to Civil Liberties In Cyberspace, Human Rights23 (1996): 10-13.

ROTHFEDER, JEFFREY (1992), Privacy For Sale : How Computerization Has MadeEveryone's Private Life an Open Secret. Simon and Schuster, New York 1992.

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Zanzibar eGovernment Agenda - Legal Provision Effectiveness Legitimacy