KAMPALA, UGANDA: The Uganda Communications Commission (UCC) and the Office of Directorate of Public Prosecutions (DPP) have signed a Memorandum of Understanding (MoU) to collaboratively investigate and prosecute cybercrime cases.
This MOU establishes a network between ODPP and UCC, formation of provision of information, assistance in a timely and efficient manner, capacity building and knowledge sharing among others.
According to the two parties, the signed MoU is intended to improve the ability of prosecutors in the prosecution of cybercrime, and ultimately, all crimes through provision of technical support, capacity building training, information sharing, and technical assistance in the investigation and prosecution of cyber crimes.
Speaking at the signing of MoU in Kampala, the Director of Public Prosecutions (DPP), Jane Frances Abodo said crime has evolved from physical to cyber, making culprits more anonymous calling for more efforts in curbing the growing vice.
“Cyber crime eludes our traditional physical scene of crime, contrary to the condition of physical exhibits. The evidence also changed and most importantly, its ability to be committed. There is increased anonymity of the perpetrators. This shifts to the use of expensive and complex investigation techniques, usually exploiting data using forensic tools which were specialized training,” she said.
The impact of cyber crime has been huge, extensive and transnational with a single incident causing massive negative impact.
According to the 2019/2020 Africa Cyber Security Report on Uganda, the country lost about 11.4 billion dollars with the report further indicating that cyber crime incidents are on the increase.
According to Abodo, the biggest challenge is that many cyber crime cases are not reported by the victims due to fear to damage their reputation.
“As the investigation and prosecution agencies, we have to rethink, we have to focus our strategies to ensure that we actually work together collaboratively, both national and international. It is no longer within, it is also without,” said Abodo.
Abodo revealed that when she assumed office as Director of Public Prosecutions, about two and a half years ago, she immediately observed that her office needed to focus on cyber crime.
Her office then created a cyber crime unit as a specialized unit in order to prioritize, solicit and build relationships with willing entities, both government and private sector to fast track the investigation and prosecution of cyber crime.
The MoU, Abodo said will improve the capacity and competence of prosecutors.
“It’s my hope that this collaboration will improve the capacity and competence of prosecutors in both UCC, and of course ODPP in dealing with cyber crime, and I think crimes, generally,” she said.
The ODPP has prosecuted a number of cyber crimes, with a lot of investigation ongoing and also many cases pending in court.
However, the progress is not very good, and according to ODPP, this is because of resource constraints.
The UCC Executive Director, Irene Kagwa Ssewankambo said the MoU will tackle the challenge of resource constraints.
“One of the challenges has been level resources in terms of skills, in terms of personnel, in terms of equipment. Now, through this partnership, we seek to leverage what each one of us has a strength. The experience from the ODPP side, the staff, we have lawyers in Uganda Communications Commission who are licensed by the Office of the Director Public Prosecution to prosecute,” she said.
While addressing the challenge of case backlog, the UCC Boss said the two bodies will work collaboratively to make sure that they push through as most of the cases to court and get actual convictions for the various crimes that have been in place.
“We also seek to leverage the capability that we have as Uganda Communications Commission in undertaking regulatory functions.”
The UCC has a Computer Emergency Response Team, and other ICT facilities that can facilitate the investigations.
“So you will see actual improvement in terms of the level of prosecution. Even the number of convictions, we are looking for that through this collaboration. And with those other stakeholders coming on board, we will have more apprehensions and actually investigations done properly and thoroughly, to be able to support the court process,” said Mrs Kagwa.
The Computer Misuse Act highlights a number of very hefty penalties if one is convicted.
The Act has a conviction of up to life imprisonment for electronic fraud.
Other convictions are up to 10 years, 15 years in jail over computer misuse.
The ODPP says that the law is good enough, but admits that it’s the implementation that should be improved.
The UCC Boss said that all people are victims of cyber attacks, or at least know someone who has been a victim of the vice.
She therefore called on Ugandans to stop thinking that cyber attacks only happen outside of Uganda.
“We can no longer say that it is outside countries [where cyber attacks occur]. So, it is very important for us to come together and fight cyber crime. As Uganda Communications Commission, this is a key milestone that we welcome, and we look forward that will not be just a paper signing ceremony. The Lordship (DPP) and I will make sure we perform, and have a lot come out of this, and encourage others to move in the same direction,” she said.
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