The presidency has declared that it’s time for South Sudan’s special court for cybercrime to be launched. This will see to the launching and implementation of a new law on cybercrime by establishing a special court.
The Cybercrime and Computer Misuse Bill, which would establish a special court to hear cases involving crimes of computer misuse, will be begun by the Ministry of Justice and Constitutional Affairs, according to the directive issued by the Presidency on Tuesday.
These include the transmission of unauthorized data, the trafficking of people and drugs, computer hacking, espionage, economic sabotage, cyber terrorism, and communication of sexual offences.
False information and lewd content publication, impersonation and other identity-related offences, as well as password disclosure, are additional offences.
South Sudan’s special court for cybercrime penalty
Four to twenty years in prison are the possible penalties for the crimes.
Social media users and activists from South Sudan have criticized the action, claiming that the procedure was not inclusive and transparent and that the decision does not favour everyone.
Wani Michael, a well-known activist, responded to the move by calling it unlawful, illegal, null, and invalid.
As it is the only job of parliament to legislate and pass laws in South Sudan, Article 55(3) of the constitution makes it quite obvious that the ministry has any constitutional jurisdiction or ability to create any legislation. Any alleged law that the Ministry of Justice passes without parliamentary approval is invalid and against the law.
Courts are established by either a statute enacted by parliament or in accordance with article 124 of the constitution. In any event, Article 127 (1) (b) of the constitution gives the chief justice the authority to establish special courts, but not the ministry of justice.
“Let the cybersecurity law be passed by the legislature before establishing pointless courts with no legal authority. “The Ministry of Justice and Constitutional Affairs violated the law, which is very sad for South Sudan’s judicial system, said Wani.