Law Society of Namibia - Demand to desist from "unlawful acquisition and dissemination of private and confidential information"

For the regular readers of my blog you will recall my post Law Society of Namibia leaks members details - June 2023.  

The Law Society of Namibia sent me a letter of demand to desist from unlawful acquisition and dissemination of private and confidential information of or relating to members of the Law Society of Namibia.

First let us look at the events that brought about this demand:

Namibia's Universal Service Fund - better late than never

 The Communications Regulatory Authority of Namibia (CRAN) advertised in daily newspapers for the position of Manager: Universal Fund on 25 July 2024. This has taken a long time (like many other issues at CRAN) but we hope that it will soon be operational.

If we look at the history of CRAN, there are numerous issues that should have been dealt with by the Authority but never have been operationalised. Let us look at these issues that impact the lives, and pockets, of Namibian consumers

Background

The Communications Act 8 of 2009 established the Communications Regulatory Authority of Namibia to provide for the regulation of telecommunications services and networks, broadcasting, postal services and the use and allocation of radio spectrum. In the law it provides for, amongst others, the following:

Universal Service Fund (Part 4);

protection of consumers (Part 7); and

a numbering plan that must require mobile number portability by all technology and service neutral licensees within two years from the date of commencement of this Act (Part 7).

(The other two issues will be dealt with in later blogs)

Universal Service Fund - benefiting the poor

Imagine living in a world without internet. No YouTube videos, no social media, no Netflix, and no way to easily do your homework or research. For many people, this is a reality.

A Universal Service Fund (USF) is like a special pot of money that governments use to make sure everyone, even people in really remote areas, can access the internet. It's like making sure everyone has a chance to use the same cool tools and information. 

How does it work?

• Collecting money: Usually, internet service providers (like your phone company) pay a small amount extra on your bill. This money goes into the USF.
• Funding projects: The government uses this money to pay for things like:
  • Building cell towers in rural areas
  • Providing internet to schools and libraries
  • Offering internet plans at lower prices for people who can't afford it

Why is it important?

• Education: Students can access online resources, do research, and learn new things.
• Jobs: People can find jobs, apply for them, and learn new skills online.
• Healthcare: Doctors can use the internet to access medical information and connect with other doctors.
• Communication: Families and friends can stay connected, no matter where they live.

In short, a Universal Service Fund helps to level the playing field, making sure everyone has a fair chance to benefit from the internet.

Under the Communications Act, a fund is to be established when the Act becomes operation - that is in 2009. It is not clear what prevented the establishment of the fund and the levies, but the monopoly cellular company, MTC, took CRAN to court in 2020  when they lodged a constitutional challenge against Section 23 of the Communications Act, contending that the amendment granting CRAN the authority to impose regulatory levies failed to establish limits on levy amounts, lacked executive oversight, and granted CRAN unchecked discretion. "On 13 March 2024, the Supreme Court delivered its verdict, overturning the previous ruling and affirming the constitutionality of the amended Section 23. The Court underscored the legislature’s efforts to provide detailed guidelines, thereby curbing CRAN’s discretionary powers and ensuring a balanced approach to levy imposition.

In a media statement following the judgment, the Supreme Court praised the amended legislative framework for establishing clear criteria for levy determination and implementing safeguards against arbitrary decision-making by CRAN. The ruling provides stability to CRAN’s funding structure and paves the way for the implementation of the Universal Service Fund, a crucial initiative stalled by the legal dispute."1

I hope that this latest advertisement it means that CRAN is at last starting to do its job as provided for in 2009.

1 COMMUNICATIONS REGULATOR WINS LEGAL BATTLE OVER REGULATORY LEVIES, SORT OF - https://economist.com.na/86739/extra/communications-regulator-emerges-victorious-in-supreme-court-battle-over-regulatory-levies/

What is Artificial Intelligence and how can Namibians use it?

 First let us look at what AI is?

Artificial Intelligence (AI) refers to computer systems or machines that can perform tasks usually requiring human intelligence. In other words, AI can assist a person in doing much more work than what is normally possible.

These tasks include learning from data (like humans learn from experience), recognising patterns (such as identifying faces in photos), making decisions, and understanding natural language (like how we talk to each other).

For an average user this means three levels of usage, namely: 

1. How can you use existing AI for improving your life; 
2. How is AI used ON (or against) you; and
3. Creating AI chatbots with information you upload to assist in answering questions suited to your needs and wants.

Use existing AI for improving your life

One of the most popular and well-known AI applications is ChatGPT, (an advanced conversational AI model), which allows questions, provides personalised answers and can engage in conversation. This is but one of many assistants that can enhance personal productivity, learning and overall convenience.

Here are some examples of what conversational AI can do:

• Students can use ChatGPT for homework help, understanding complex subjects, and preparing for exams;
• Employees and business can seek advice on business strategies, marketing, and customer service improvements;
• Individuals can get preliminary health advice and wellness tips (without the knowledge of parents, friends, etc);
• Farmers can ask about best practices, crop management, and sustainable farming techniques.
• In daily life anyone can use ChatGPT for cooking recipes, travel recommendations, and personal finance tips.

How is AI used on, or against, you

AI is used in various ways to improve our lives, interacting with you almost unseen. There are amongst others:

• personal assistants to help manage your schedules, set reminders and even control smart home devices; 
• health monitoring wearable devices to help you manage your help; 
• AI tutors and homework help applications provide explanations; and 
• recommendations services such as advertisements on Google, which movie to watch on Netflix, and suggest friends on Facebook.

 These same service can be used against you without your permission, for example:

• privacy issues when data is misused or not protected;
• tracking of your movements without your knowledge;
• manipulated advertising, (as an example see the graphic below showing my own personal "sunburst" to determine my buying actions)

Creating AI chatbots

"A "created ChatGPT" typically refers to a ChatGPT model that has been set up or deployed for a specific purpose. This could involve customising the model to better suit a particular application or integrating it into a specific environment, like a customer service chatbot, a personal assistant, or a tool for educational purposes. It means leveraging the capabilities of ChatGPT to generate human-like text based on the input it receives." source: ChatGPT 4.0

In Namibia, AI can be used in various sectors such as education for personalised learning, healthcare for disease diagnosis, agriculture for precision farming, and business for customer service automation. By integrating AI, Namibians can improve efficiency and access to services across these sectors.

As an example of a personalised GPT, I have uploaded all information about myself such as personal details, my work history since 1990, my personal writings and poems created by my early twenties, my newspaper columns in The Namibian and New Era, my personal blog as well as my book, Future Namibia. 
 

This customised ChatGPT allows people to interact with me - in other words my history, writings and almost any other question that an answer can be found for in the uploaded files or anywhere on the Internet.

Some of the questions asked of my bot:

• What are Milton's economic policies?
• How can we engage more young voters in Namibian elections?
• Tackling unemployment in Namibia
• Does Milton propose Public Private Partnerships?
• Write a biography of Milton in  less than 120 characters

Try it yourself. Here is the link to my ChatGpt bot: https://chatgpt.com/g/g-c5tyqslsF-ask-milton-louw-2029. 

Remember to reload the ChatGPT app if you have registered for the first time, and then click on the link.

Conclusion

In Namibia, AI can be used in various sectors such as education for personalized learning, healthcare for disease diagnosis, agriculture for precision farming, and business for customer service automation. By integrating AI, Namibians can improve efficiency and access to services across these sectors. 

And of course, we need the curiosity of our people to try new ways of using this technology!

Using prisoners for forced labour as per the Namibian Constitution

 Under the Namibian Constitution, forced labour is generally prohibited. However, there are specific provisions that allow for certain exceptions, including work by prisoners. Article 9 of the Namibian Constitution addresses slavery and forced labour:

Article 9 - Slavery and Forced Labour

1. No persons shall be held in slavery or servitude.
2. No persons shall be required to perform forced labour.
3. For the purposes of this Article, the expression "forced labour" shall not include: 

• a. Any labour required in consequence of a sentence or order of a court; 
• b. Any labour required of any person while he or she is lawfully detained which, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained; 
• c. Any labour required of a member of the defence force, the police force, or the prison service in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a defence force, any labour which that person is required by law to perform in place of such service; 
• d. Any labour required during any period when Namibia is at war or in the event of any emergency or calamity which threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation; 
• e. Any labour reasonably required as part of reasonable and normal communal or other civic obligations.

Based on these provisions, prisoners may be required to perform labour as part of their sentence or detention, provided it falls within the conditions outlined above and is not considered forced labour in the unconstitutional sense.

This approach aligns with international standards, which allow for certain exceptions to the prohibition of forced labour, particularly in the context of lawful imprisonment. It is important that any labour required of prisoners is conducted under humane conditions and does not constitute exploitation or abuse.

Toll roads in Namibia: Do they make financial and economic sense?

 The Road Fund Administration (RFA) commissioned a feasibility study in 2019, with a similar study done in 2008 by the Roads Authority.  The study informed that tolling can be sustainably introduced on the Namibian road network.

In response, the Namibia Consumer Protection Group (NCPG) outlines the understanding of the benefits, and disadvantages.

Pros of Toll Roads

1. Revenue Generation: Toll roads provide a steady stream of revenue that can be used for road maintenance, improvements, and other infrastructure projects without relying solely on government budgets.
2. Improved Road Quality: The revenue from tolls can ensure that roads are kept in good condition, reducing wear and tear on vehicles and improving travel safety.
3. Reduced Traffic Congestion: Toll roads can help manage traffic flow by providing an alternative route, potentially reducing congestion on non-toll roads.
4. Economic Efficiency: Users of toll roads pay for the specific infrastructure they use, which is a fairer system of financing compared to general taxation.
5. Encourages Private Investment: Toll roads can attract private investment in infrastructure, relieving some of the financial burden on the government.
6. Enhanced Travel Experience: Well-maintained toll roads often provide a smoother and more reliable travel experience, which can be beneficial for both personal and commercial travel.

Cons of Toll Roads

1. Cost to Users: Toll fees can be a financial burden on regular users, particularly those who commute daily or rely on the road for business.
2. Economic Inequality: Toll roads can exacerbate economic inequality, as wealthier individuals can afford the tolls, while those with lower incomes may be forced to use less efficient routes.
3. Traffic Diversion: Toll roads can lead to increased traffic on alternative routes as drivers seek to avoid toll fees, potentially causing congestion and increased maintenance needs on those roads.
4. Implementation Costs: Building and maintaining toll infrastructure, including toll booths and electronic payment systems, can be expensive.
5. Environmental Impact: The construction and operation of toll roads can have negative environmental impacts, including habitat disruption and increased emissions from idling at toll booths.
6. Public Opposition: Toll roads can face significant public opposition, especially if citizens feel they are being unfairly taxed for road use.

Toll Road Between Swakopmund and Walvis Bay

The idea of implementing a toll road between Swakopmund and Walvis Bay has both potential benefits and drawbacks, considering there are two roads connecting these cities.

Pros of a Toll Road Between Swakopmund and Walvis Bay

1. Revenue for Maintenance and Development: The toll revenue can be used to maintain the road and improve infrastructure in the region, ensuring better road quality and safety.
2. Traffic Management: A toll road could help manage and distribute traffic between the two existing routes, potentially reducing congestion on the more frequently used road.
3. Tourism and Economic Boost: Improved road conditions can attract more tourists to the region, benefiting local businesses and boosting the economy.
4. Funding Source for Expansion: Revenue from the toll road could fund future road expansions or other infrastructure projects in the region.

Cons of a Toll Road Between Swakopmund and Walvis Bay

1. Financial Burden on Locals: Regular commuters and local businesses might face increased costs, which could be unpopular and economically challenging for some residents.
2. Alternative Route Congestion: Drivers seeking to avoid tolls might congest the alternative road, potentially causing increased wear and tear and reducing safety on that route.
3. Economic Inequality: The toll could create a divide where only those who can afford the toll use the better-maintained road, while others are left with a potentially lower-quality alternative.
4. Environmental Concerns: The construction and operation of the toll infrastructure could have environmental impacts, including noise, pollution, and habitat disruption.
5. Public Resistance: The introduction of a toll road might face opposition from the public, who may view it as an unfair additional cost, especially if there is no clear communication of the benefits.

Strategic Considerations

To successfully implement a toll road between Swakopmund and Walvis Bay, several strategic considerations should be taken into account:

1. Public Consultation and Communication: Engage with the community to explain the benefits and address concerns. Transparency about how toll revenues will be used can build public support.
2. Economic Impact Analysis: Conduct a thorough analysis of how the toll road will impact local businesses, commuters, and the overall economy.
3. Environmental Assessment: Ensure that environmental impact assessments are carried out and mitigation strategies are in place to minimize negative effects.
4. Toll Pricing Strategy: Develop a fair and flexible toll pricing strategy that considers the financial capacity of local users and offers discounts or exemptions for frequent commuters and essential services.
5. Investment in Alternatives: Invest in the alternative route to ensure it remains a viable and safe option for those who choose not to use the toll road.
6. Technology and Efficiency: Implement modern toll collection systems, such as electronic tolling, to minimize delays and reduce emissions from idling vehicles.

By carefully considering these factors, the introduction of a toll road between Swakopmund and Walvis Bay could be managed in a way that maximizes benefits while mitigating potential drawbacks.