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National
MACRA’s legal consultant oppose spy project, Agilis VP in for payment
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By Green Muheya, Nyasa Times |
November 17, 2011 · 36 Comments |
Rawlvan Bennet, Executive Vice President of US based company Agilis International which sold Malawi Communication Regulatory Authority (Macra) the dubbed spy machine is expected in Malawi on Monday to push for payment of the device which has a facility of ‘intercepting’ calls.
Nyasa Times understands that the Consolidated ICT Regulatory Management System was bought at US$6.8 million (about K1.7 billion) and Macra made a part payment.
The spy machine has faced opposition as two citizens, Eric Sabwera and Hophmally Makande, through their lawyer Ralph Kasambara sought court intervention to stop Macra from installing the machine, arguing that their privacy will be compromised if Macra, a third party, get the Call Detail Records (CDRs) from the telephone operators whom they have entered into a contract with.
High Court Judge Justice Healy Potani in Blantyre granted an order restraining Macra from getting CDRs from the country’s telephone operators.
Kaphale: Gave legal opinion to Macra
Meanwhile, Nyasa Times understands that Macra boss Charles Nsaliwa, who is pushing for the installation of the machine had a meeting with chairman of parliamentary media committee , Sam Ganda at Protea Ryalls Hotel in Blantyre to lure him from convincing his committee to accept the installation of the machine.
“Nsaliwa has challenged that whether one likes it or not. Court or no court, the machine will be installed and that Agilis will get their full payment,” said a source familiar with the Ryalls meeting.
Macra‘s contract with Agilis International was signed by Bennet and Macra’s Charles Nsaliwa.
Nyasa Times has also established that Macra contracted a private legal firm to study the functionalities of the CIRMS project and furnish it with a comprehensive legal opinion on the feasibility of the project within the existing legal framework and whether there is need to reform the legal framework to cater for the implementation of the CIRMS project, and if so, identify what legal reforms would be necessary.
The legal opinion sourced through Macra by Nyasa Times noted “lack of public consultation” which is required before substantive privacy and ethics issued are involved.
The legal consultants said telephone subscribers and operators “have a right to be consulted.”
In its 40-paged legal opinion dated 16th August 2011 signed by Kalekeni Kaphale Lawyers said there is “high cost of the system but with little value added.”
It was also noted that there is substantive duplication of systems already in possession of operators.
“Operators already submit all the information required by the system, both as regards revenue and quality of service. In respect of the former, they are audited annually by reputable auditors and do submit accurate revenue data to MACRA,” the legal opinion noted.
It also said there would be unintended access to information without due process of the law.
“What Malawi needs is legal reform by way of the enactment of a statute by Parliament that will deal with issues to do with telecommunications interception and access to CDR’s whether real time or archived,” reads the legal opinion
“It ought to be appreciated that abridgement or restrictions to constitutional rights must, by section 44 (2) of the Constitution not only be sanctioned by law but must also be reasonable, acceptable by international human rights standards and necessary in an open and democratic society.”
The legal opinion said either MACRA will have to give the spy machine to law enforcement agencies once the law is passed or “a way has to be found in which the CIRMS objectives can be achieved whilst the equipment is in use by law enforcement agencies.”
The legal firm said they needed more information on the capabilities of the system and review them fully in light of the law.
In the conclusion, the legal opinion noted that “direct access to CDR’s and intercept are not possible within the current legal framework.”
“There is need to enact a law that will enable direct access to CDR’s or to archived CDR’s and intercept by law enforcement agencies and for limited purposes in a controlled environment,” it reads.
The legal experts said the spy machine can only be lawfully used by MACRA “if by using it, no access is gained to CDR’s and no intercept is done by it.”
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Tags: Charles Nsaliwa, Kalekeni Kaphale, Macra, spy machine
36 Responses to “MACRA’s legal consultant oppose spy project, Agilis VP in for payment”
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As long as this machine is capable of recording conversation @ capture messages,e-mail then i’m against its installation because that ‘ll violate the privacy of the subscriber.
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ReplyI found Nsaliwas argument Stupid and dangrous to democracy,how can he say with or without the courts the spy machine will be installed.You can guess,who sent him on the mission.AKUFUNA AMVE NDANI,KOMANSO CHIYANI MOYA and Co?
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ReplyThe point here is that the OPERATORS have alot to hide, otherwise since when have they become so protective of their customers when all they have been doing is reaping poor malawians of their hard earned money. MACRA is a communication regulator, let them do their job without any ineterference from the operators. If the operators are not confortable with the operationg environment, the door is open, they can leave. I was going to side with the operators if they offered an excellent quality service not zaumbava zomwe amapanga ayi. messages are usually delivered late or never at all. call drop outs, just too many en yet you check your balance, they ve wiped out all your airtym. MACRA go ahead and expose these cockroaches!
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ReplyI like this legal opinion except on the one point. kaphale seems to be abetting eavesdropping by suggesting the system is safer in the hands of law enforcers. which law enforcers? Kapalamula’s SIS or Mukhito’s brutal police? Under what legal framework will these besanctioned to eavesdrop on our conversation? As a layman, I discern a lot of doublespeak (not George Orwell’s) in the legal opinion. i respect and ‘love’ Kalekeni,right away from my days on the MTL Board. But this opinion, if it was done by a lawyer under his employee, needs to be reviewed by the guru himself, kalekeni kaphale, in order for some of the parts to make sense.
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ReplyMacra’s justification seems to make sense, however the problem is we are not getting the correct info on whethr the machine is able to eavesdrop or not, if it is then i wouldnt trust it in the hands of macra and our govt.
maybe if macra was independent i wouldnt have problems, but they clearly showed us they are not on the TV licence issue., so my opinion is; the machine shud only be allowed to operate if it doesnt have eavesdroping capabilities otherwise we all know it will be abused.
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Replyanyone oposing the intallation of the machine is a potential criminal and rackettier alongside the operators. one who has nothing to hide has his temper at home. any government has an obligation to referree transactions between the citizenry and the business community. MACRA woyeee!
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