The reports go on to say that the NPA and the Investigating Directorate have lost access to a large digital evidence database gathered by Zondo Commission investigators because of a lack of maintenance
The Portfolio Committee on Justice and Constitutional Development Chairperson, Mr Xola Nqola, has expressed his concern about conflicting reports on the access to the Zondo Commission investigation database.
“These reports are extremely concerning as it deals with state capture and millions and millions of rands stolen from the South African people. Every South African wants to see justice in these matters and the money returned to the state coffers in order to alleviate the strain on the economy and our people,” said Mr Nqola.
He was responding to media reports that the National Prosecuting Authority (NPA) are locked in a stand-off with the Department of Justice and Constitutional Development (DOJ&CD), after full access to vital state capture evidence was allegedly blocked. The reports go on to say that the NPA and the Investigating Directorate have lost access to a large digital evidence database gathered by Zondo Commission investigators because of a lack of maintenance.
The NPA has since refuted the allegations and said that access to the digital lab is a technical one and it continues to engage the department on the matter. The department has called the media reports misleading and factually inaccurate.
Mr Nqola further stated that such reports can lead to the public losing faith in the justice system and the country’s efforts to fight corruption. “It is clear that the reports and the comments from the authorities are contradictory.
It is for this reason that the committee will call the department and all the role players to enlighten the Members of Parliament and the public on this very serious matter. The country’s reputation to deal with crime and corruption is at stake when allegations of this nature are circulated.” APO
Recent rioting and unrest in the UK has led to calls for the Online Safety Act to be revisited. Mayor Sadiq Khan has called it “not fit for purpose” and Cabinet Office minister Nick Thomas Symonds suggested that the government could change the law, which was passed under the previous government and includes a raft of measures relevant to the recent riots, including powers to fine social media companies.
Prime Minister Keir Starmer has been less forthcoming about the act and has said only that he would “look more broadly at social media after this disorder”. His spokesperson suggested the act was not under active review.
In practical terms, social media played a key role in the widespread coordination of events in locations across the country. Online platforms have also served as a vehicle through which misinformation and hateful rhetoric has spread.
The act, enforced by the independent media regulator Ofcom, deals with the regulation of online speech and aims to protect users from potential harms including abuse and harassment, fraudulent activity and hate offences.
Specifically, it seeks to place more responsibility on social media companies to ensure their platforms are safe, with fines of up to 10% of their annual revenue being issued to providers whose platforms are deemed unsafe.
In more extreme cases, Ofcom has the power to require advertisers and internet providers to cease working with platforms that do not comply with the regulations. The act passed into law in October 2023, and laws in relation to individual offences are already in effect. For example, it is now an offence to share false information with an intention to cause non-trivial harm.
However, the frustration in the wake of the riots has arisen from the fact that the parts of the act are not due to come into effect until late 2024. These include enforcement powers and other measures that Ofcom could apply to social networking platforms and other platform providers, such as online forums and instant messaging platforms. This raises questions as to what might have been different in the past 14 days had they already been in place.
Algorithm concerns
A key concern has been the way in which algorithms deciding what content is recommended on social networking platforms may have propagated harmful content in relation to the riots – including racist, hateful and violent content.
At present, social media platforms such as TikTok, X, Facebook and YouTube are designed to optimise user engagement through their recommendation algorithms, with safety concerns not typically weighted within these systems. X, for example, employs different algorithms for content moderation versus content recommendation.
As a result of this, it is possible that harmful content can be recommended by one algorithm before it is identified as needing to be moderated by another algorithm.
The Online Safety Act aims to address this challenge by requiring platforms to test the safety implications of their recommendation algorithms. That is, when changes are made to their recommendation algorithms, services will be encouraged to collect safety metrics, allowing them to assess whether these algorithm changes are likely to increase individuals’ exposure to illegal content.
By incorporating these safety considerations when designing and refining content recommendation algorithms, it is hoped that fewer individuals will be exposed to harmful content before content moderation teams have had the opportunity to remove it.
Neutral oversight
One of the primary challenges around the regulation of online content is the unwillingness of platform providers to be seen as “arbiters of truth”. For example, X has recently changed the name of its Trust and Safety team to just Safety, as Elon Musk, CEO of X, stated that: “Any organisation that puts ‘Trust’ in their name cannot be trusted as that is obviously a euphemism for censorship.”
Mark Zuckerberg, CEO of Meta, said something similar back in 2016 after the US election, when he stated that Meta “shouldn’t be the arbiter of truth of everything that people say online”.
However, and as recent events have shown, this has not precluded Musk himself from propagating specific narratives in relation to the UK riots and adding fuel to an already inflamed discourse.
The act addresses this challenge by using the independent regulator, Ofcom, to enforce and regulate online content and algorithms. While the law was passed by the UK government, the government does not have powers to determine what content is allowed and what should be disallowed – thus securing political neutrality in the long-term implementation of the act.
Prevailing challenges
At present, the Online Safety Act does not include any legislation about misinformation and disinformation. This appears to be why Khan suggested that in its current form, the act does not go far enough.
The prevailing challenge of misinformation was put in sharp focus by the murders that led to the riots, with content falsely claiming that the Southport attacker was a Muslim migrant trending across several social networking platforms in the aftermath of the incident.
The home secretary Yvette Cooper claimed that social networking platforms “put rocket boosters” under the spread of this content, and there has been much debate as to whether it helped fuel the violence seen on many city streets.
This leaves some observers concerned that, until the act fully comes into force, we are in a legal purgatory around what can and cannot be litigated against online.
However, we won’t really know how effective the Online Safety Act can be until all of it has come into force and it has been tested in another situation like the recent riots.
This article is republished from The Conversation under a Creative Commons license. By Olivia Brown, Associate professor, University of Bath and Alicia Cork, The Conversation.
The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.
Nairobi Senator Edwin Sifuna has weighed in on the Kenya National Highways Authority (KeNHA) to toll Thika Super Highway and other major roads in the country.
In a statement, Sifuna wondered how the Authority would come up with policies to put tolls on roads built by Kenyans.
He vowed to invite the KeNHA team to the Senate to explain the proposal and its reasoning.
“I don’t know how KeNHA justifies the proposal to start tolling roads built by taxpayer money years ago. Build new toll roads mchukue pesa but you can’t start charging us for using Thika road,” said Sifuna.
He added, ” Wacha tumalize na Kawira niwaite pale Senate mjieleze,”
On Tuesday, KeNHA announced there is an ongoing discussion on the development of a Road Tolling Policy.
The authority said the policy will be developed with extensive public participation to ensure all ideas from members of the public are heard.
“The Authority assures the public that this Policy will be developed with extensive public participation to ensure that all voices are heard. Once the Policy is finalized, it will guide which roads will be tolled,” KeNHA stated.
Some of the highways that are being considered for tolling include the Nairobi Southern Bypass, Nairobi-Nakuru-Mau Summit Highway, Thika Superhighway, Kenol-Sagana-Marua Road, Mombasa Southern Bypass and Dongo Kundu Bypass.
The authority assured that it will remain committed to transparency and inclusivity throughout the process and will continue to engage with the public at every stage. By Ezra Nyakundi, KDRTV
High Court issues an injunction prohibiting police from wearing civilian or unmarked clothing during protests[Collins Kweyu, Standard]
The High Court has barred the Inspector General of Police from deploying police officers in civilian clothing or having unmarked vehicles without number plates in the streets during protests.
Justice Bahati Mwamuye ordered that those in uniform should have identifiable nametags and or service number badges for easy identification.
He also ruled that if plain clothes officers are deployed, they should not hide their faces. The Judge also ordered that no police officer should use an unmarked car or one without number plates while either quelling or protecting protestors.
“Pending the inter-partes hearing and determination of the Application dated July 31,2024, a conservatory order be and is hereby issued requiring the fifth respondent to ensure full compliance with Paragraph 10 of the Sixth Schedule to the National Police Service Act in terms of ensuring that all uniformed Police Officers or persons acting under the direction, control, or in support of the National Police Service shall at all times affix a nametag or an identifiable service number in a clearly visible part of their uniform,” ruled Justice Mwamuye.
It sued an officer it alleges was behind the death of a protestor, Rex Masai, in a case where it wants the court to stop the Inspector General of Police from deploying officers in civilian clothes to quell protests.
Masai was silenced by a bullet while expressing his displeasure about Finance Act 2024 on June 18 this year. However, Director of Renson Ingonga said that no one had shown up as a witness to give an account that would enable identification and arrest of the police officer who killed him.
LSK alleged that Isaiah Ndumba Murangiri was the police officer behind Rex’s killing.
The society sued the government to stop the deployment of police officers in civilian clothing during protests.
The society, in its case, argued that all instances of murders and police brutality are linked to officers who have no identification cards or uniforms.
The faith Odhiambo-led society stated that its push for police to be in uniform is for easy identification and accountability.
The court heard that it has become almost impossible to identify or single out police officers from goons as they are masking themselves to the extent of wrapping their faces with scarves.
LSK sued the Inspector General of Police, Attorney General, Nairobi County Commander Anderson Bungei, Central Police Station Officer Commanding Station (OCS) Moses Shikuku, and two police officers, Martin Mbae Kithinji and Ndumba
The society claimed that Mbae was, on June 18, 2024, caught on camera in civilian clothing while allegedly arresting activist and journalist Hanifa Farsafi at the Archives of Kenya, Nairobi. It alleged that he manhandled her.
Ndumba, on the other hand, was accused of causing harm to protestors. He, too, was alleged to have worn civilian clothes.
“This incognito appearance enabled the officers to blend in with the peaceful protestors exercising their rights under Article 37 of the Constitution of Kenya. Further, the plainclothes police did not carry any form of identification and thus could not be distinguished from members of the public,” said LSK CEO Florence Muturi.
According to LSK, Ndumba was identified in multiple videos by peaceful protestors as among the officers who took advantage of his attire to cause a disturbance.
Muturi stated that what made it worse was the police use of vehicles without number plates. She was of the view that this was an indicator that they were out to either kill or maim but were hiding clues that would make them identifiable.
LSK accused the IG of unleashing armed police officers in civilian clothing against unarmed protestors.
It blamed the officers for turning peaceful protests against the Finance Act 2023 into a deadly wave of chaos.
The court heard that the officers without uniforms were central to cases of detention and kidnaps.
“As a result, many of the demonstrators do not know who unlawfully took them into police custody as they cannot identify the police officers who unlawfully abducted them. The failure of the police to identify themselves and the particular use of plain clothes worked to the deliberate frustration of the peaceful protesters and caused panic. This subsequently turned the peaceful protest violent,” said Muturi in her supporting affidavit.
LSK asked the court to hold both Mbae and Ndumba personally liable for violating protestors’ rights. At the same time, it sought an order requiring the police to deploy only officers in uniform and identifiable.
It also asked the court to force the IG, AG, Nairobi County Commander, Central OCS, Mbae, and Ndumba to pay Sh 5 million from their pockets, money that will be used for legal aid in cases concerning police accountability.
“To allow members of the police service to don civilian clothes and making them unaccountable cannot be said to be striving for highest standards of professionalism and discipline among its members. Neither can it be said to be making the National Police Service transparent, accountable, nor respecting human rights and freedoms,” said Muturi. The case will be mentioned on August 14, 2024. By Kamau Muthoni, The Standard
A new report from Duplo, the leading provider of payment, spend, and vendor management solutions for African businesses, is predicting that changing global trade patterns and the emergence of new payment solutions will drive significant growth in cross-border B2B payments in Africa and unlock the full potential of intra- and extra-continental trade.
The report, titled “The State of Cross-Border B2B Payments in Africa and its Impact on Trade,” is the third in an annual series of B2B payment reports from Duplo, and it examines a wide range of issues, including key drivers of intra- and extra-African trade, the current state of cross-border B2B payments in Africa, and the outlook for the future.
The report reveals that the value of intra-African trade reached an estimated $193 billion in 2022, accounting for 13.8 percent of total African trade. This figure, while significant, likely understates the true scale of intra-African commerce, as a significant proportion of cross-border trade is informal and underreported.
According to the report, 40 percent of cross-border trade payments between East and West African countries are made in cash, with underreporting ranging from 12 to 76 percent. At the same time, traditional banking channels still dominate large-value formal cross-border B2B payments, despite the high transaction fees and lengthy processing times. These realities underscore the critical need for B2B cross-border payment solutions that can accurately capture and efficiently facilitate these transactions.
Interoperability between different payment systems is also a major challenge, especially when it comes to cross-border transactions. According to the report, out of 32 instant payment systems spread across Africa, less than half are able to work together seamlessly. This is why initiatives like the Pan-African Payment and Settlement System (PAPSS), although still in its early stages, are crucial for streamlining and formalizing trade across the continent.
When it comes to extra-African trade, Africa’s share of global trade value has remained stagnant at 3%. However, new global trends such as the emergence of various Asian countries as economic powerhouses, the new multi-polar world order fronted by the US and China, and other trends point to a shift in global trade patterns. These developments present opportunities for effective B2B cross-border payment solutions that will not only support more trade across and outside the continent but also enhance transparency, improve efficiency, reduce transaction costs, and offer other benefits.
Commenting on the report, Yele Oyekola, CEO and co-founder of Duplo, said, “As businesses navigate new opportunities and challenges that come with changing global trade patterns, there is an increasing need for efficient and cost-effective cross-border payment solutions. Our report highlights the critical role technology can play in overcoming traditional banking limitations. We believe that by embracing these new technologies, businesses can unlock the full potential of intra- and extra-African trade, driving economic growth across the continent."
Duplo offers a comprehensive suite of solutions to simplify and optimize financial management for mid-sized and enterprise businesses. Duplo’s expense and vendor management solutions, combined with its robust payment capabilities, help businesses manage all their financial operations from a single, integrated platform, reducing complexity, gaining visibility, and improving efficiency.
Duplo’s payment infrastructure enables businesses to make and receive instant local and international payments, saving costs and time while streamlining transactions and boosting their bottom line.
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