Africa Law & Tech Review Vol. 21

Welcome to the Africa Law & Tech Review, a publication, by Lawyers Hub, that delves into the intersections of law, technology, business, digital rights, and features policy advancements across Africa and beyond. The Lawyers Hub is an organization based in Kenya working at the confluence of Law, Policy, and Technology. Learn more about who we are and what we do.

What Happened at Lawyers Hub this Week

Lawyers Hub and UNESCO Co-Host Webinar on Gender-Transformative AI Governance in Africa’s Judiciary

On June 20, 2024, The Lawyers Hub, in partnership with UNESCO East Africa, held a webinar on institutionalizing gender-transformative AI governance within Africa's judiciary. Participants from across the continent discussed solutions and strategies for the judiciary in the AI era. Speakers included Ghana Judge Sylvester Ablorh, Angela Minayo from Article 19, Rose Macharia Wachuka, Chief of Staff to the Chief Justice of Kenya, and Christine Mutimura, Deputy Registrar of the East Africa Court of Justice. The event was moderated by Nafissatou TINE from Sunulex. The webinar recording is available HERE .

Morocco Implements AI in Courts to Enhance Legal Processes

Morocco has taken a significant step in modernizing its judicial system by introducing artificial intelligence technology . Justice Minister Abdellatif Ouahbi announced the implementation of an AI program in courts, which has been purchased and distributed to judges. This program aims to streamline legal procedures by transcribing judges' verdicts, eliminating the need for manual writing.

In addition to transcribing verdicts, the AI program enables efficient searches through legal archives and precedents. This feature is expected to greatly benefit legal professionals in their research and decision-making processes.

Speaking at a meeting of the Justice Committee in the House of Representatives, Minister Ouahbi emphasised the transformative impact of AI on the legal sector globally. He highlighted the program's role in easing the workload of lawyers and judges, ultimately aiming to enhance the efficiency and effectiveness of the justice system in Morocco.

To ensure the responsible use of AI, the ministry is working on drafting a law to regulate its use. This measure aims to address potential privacy concerns, similar to those observed with social media platforms, by setting clear guidelines for AI implementation in the legal field.

Morocco's move to integrate AI into its courts marks a significant advancement in leveraging technology to improve legal processes and access to justice.

African ICT Ministers Endorse Continental AI Strategy

African ICT and Communications Ministers have unanimously endorsed the landmark Continental AI Strategy to accelerate Africa’s digital transformation by leveraging new digital technologies. The strategy offers guidance for African countries to harness AI to meet development aspirations, promote ethical use, minimise risks, and capitalise on opportunities.

The Continental AI Strategy aims to provide an Africa-owned, people-centred, development-oriented, and inclusive approach to advancing AI capabilities in infrastructure, talent, datasets, innovation, and partnerships. It also emphasises the importance of adequate safeguards and protection from potential threats.

The strategy outlines a roadmap for African countries to leverage AI for development in education, health, agriculture, infrastructure, peace, security, and good governance. It focuses on developing human capital, strengthening research and innovation ecosystems, and building an AI-ready institutional and regulatory environment to ensure AI benefits African people. By investing in youth, innovators, computer scientists, data experts, and AI researchers, the framework aims to position Africa for success in the global AI arena.

African Ministers Back African Digital Compact for Sustainable Development

The ministerial committee has endorsed the African Digital Compact , a unified vision for Africa’s digital future. This initiative aims to harness the transformative potential of digital technologies to foster sustainable development, economic growth, and societal well-being throughout the continent.

During discussions, African ministers highlighted the importance of capacity building and knowledge transfer to empower Africa's youth, private sector, and institutions. They stressed the need for initiatives focused on enabling ecosystems, digital education, skills development, and job reassignment.

The ministers mandated the African Union to organise a Continental African Artificial Intelligence Summit to foster collaboration, knowledge exchange, and strategic planning among stakeholders across the continent.

Both the Continental AI Strategy and the African Digital Compact were developed through consultations with various stakeholders and constitute Africa’s contribution to the Global Digital Compact and the United Nations Summit of the Future in September 2024. They are expected to be submitted to the African Union Executive Council in July 2024 for consideration and adoption.

These initiatives are anchored in the African Union's Digital Transformation Strategy (2020-2030) and Agenda 2063 and build on other continental digital policies, strategies, and frameworks aimed at fostering digital technologies and realising Africa's long-term development aspirations.

Uber, Bolt drivers call for the regulation of ride-hailing services in Lagos

The Amalgamated Union of App-based Transporters of Nigeria has called on the Lagos State government to implement a collective agreement regulating ride-hailing services . Endorsed by the federal transport and labour ministries, this agreement addresses issues such as low pricing, high commission rates, and arbitrary driver deactivations. It also highlights the need for improved insurance and security for drivers, referencing fatalities and property losses.

According to the South-West zonal chairman of, the agreement aims to safeguard the welfare of its members by ensuring fair practices in the industry. The chairman noted that the document outlines responsibilities for the government, app-based companies, drivers, and riders, ensuring a balanced approach.

While the federal transport and labour ministries have accepted the agreement, the Lagos State government has yet to implement it. In a related development, the Lagos State government and Uber reached an agreement in April 2024 to resolve a month-long dispute over the city's 2020 real-time data-sharing requirement for ride-hailing services.

Kenya’s Data Protection Commissioner Warns Against Unauthorized Sharing of Personal Information

The Office of the Data Protection Commissioner of Kenya has warned the public against sharing personal contacts, locations, and family details on social media. The ODPC stated that this practice violates the Data Protection Act 2019 and infringes on privacy rights under Article 31 of the Constitution . The Commissioner emphasised that these actions occur without the consent of the affected individuals, which is against legal provisions.

The advisory follows the circulation of contact details of some leaders and their families amidst heated debates on the proposed Finance Bill 2024. Data Commissioner Immaculate Kassait cautioned that such actions violate individuals' rights to privacy.

"This practice has been happening without the affected citizens' consent, contrary to the provisions of Article 31 of the Constitution of Kenya, the Data Protection Act, 2019, and its attendant regulations," she said.

Kassait advised the public to refrain from sharing personal information, warning that such actions could lead to prosecution. She also encouraged any aggrieved parties to file their complaints with the ODPC.

"The Office encourages any member of the public whose privacy has been violated to file a complaint via: [email protected] ," she stated.

In what appears to be a coordinated campaign, Kenyans opposed to the proposed Finance Bill have been sharing leaders' contact details to pressure them into making decisions that promote the welfare of the common mwananchi. Some shared phone numbers include that of President William Ruto. Several leaders have decried the harassment, citing numerous messages from concerned citizens.

Sierra Leone Seeks $150M for Digital Innovation Strategy

Sierra Leone is aiming to raise up to $150 million to implement a comprehensive digital innovation strategy centred around a new Tech City hub. The plan includes job creation, training, entrepreneurship, and investment attraction. The Tech City will be located within a 130-acre special economic zone designed to support startups and attract entrepreneurs from across West Africa.

The initiative is backed by private companies, including Africell and Orange Sierra Leone, as well as development financial institutions. Key components of the strategy include commitments from companies to establish data centres, tech schools, business process outsourcing centres, and device assembly facilities within the hub. Africell has already pledged to build a data centre as part of the project

Lagos State Government Allocates ?1 Billion for Startup Funding

The Lagos State government has allocated ?1 billion in seed funding for startups through the Lagos State Science, Research, and Innovation Council . Governor Babajide Sanwo-Olu emphasised Lagos's growing reputation as a hub for early-stage and unicorn startups, highlighting the city's leading success metrics, foreign direct investment, and innovative solutions.

This announcement was made during the inauguration of the newly reconstituted LASRIC members . Governor Sanwo-Olu noted that Lagos's startup ecosystem is outpacing many other African cities in success metrics, foreign direct investment, and the number of innovative solutions and patents.

He also underscored the importance of innovation in his administration’s THEMES Agenda, leading to the creation of LASRIC to drive science and tech initiatives. The council comprises experts from industry, academia, and the public sector, all focused on expanding innovation in Lagos.

Over the past four years, LASRIC has created over 500 jobs by supporting startups in areas like AgriTech, the circular economy, climate change, and construction tech. It has also backed over 70 research and development initiatives, boosting innovation in Lagos by over 250%. Olatunbosun Alake, the Commissioner for Innovation, Science, and Technology, introduced a new assessment system called “POEM” to evaluate tech companies applying for seed funding.

Nigeria’s National Information Technology Development Agency Advocates for New Tech Regulation Bill

The National Information Technology Development Agency is advocating for a new bill to replace the NITDA Act of 2007 , proposing a 1% profit-before-tax levy on tech companies with revenues over ?100 million ($65,000). The bill aims to regulate digital systems in government, data usage, and issue permits and licences.

Critics argue that the levy could stifle small businesses and startups, and that the bill grants NITDA excessive control, leading to regulatory conflicts. Supporters, however, believe it will improve regulations, foster innovation, and provide tools for Nigerian businesses. Reviewed by the Federal Executive Council in 2022, the bill now awaits the National Assembly's decision.

The proposed NITDA Bill, first introduced in 2021, seeks to repeal the existing NITDA Act of 2007 and enact a new National Information Technology Development Agency Act. The bill has faced significant opposition from stakeholders within the tech ecosystem.

During a public hearing in December 2022, 14 out of 31 submissions opposed the bill, citing concerns about its potential impact on industry growth and its compatibility with other technology-related legislation, such as the proposed startup bill. Critics argue that the 1% tax provision could burden smaller tech companies and startups, potentially stifling innovation and entrepreneurship.

There are also concerns about the broad regulatory powers the bill would grant NITDA, with some stakeholders fearing it could lead to overlapping or conflicting regulations with other agencies.

Despite the opposition, NITDA remains committed to pushing for the new act, believing it will provide a much-needed regulatory framework, foster innovation, empower businesses, and promote technology use in various sectors, including education and agriculture.

Kenya Drops Probe Into Worldcoin After 2023 Suspension

Kenya has dropped its investigation into Worldcoin which was suspended last year over data security concerns. Worldcoin faced scrutiny for collecting biodata from Kenyans. A June 14 letter from the Directorate of Criminal Investigations to the project's lawyers stated that the Directorate of Public Prosecutions directed the case to be closed after an independent review found no unlawful activities. The DCI advised Worldcoin to register with the Business Registry and obtain licences from the Data Protection Commission and Communication Authority of Kenya.

Flutterwave Partners with EFCC to Combat Cybercrime

Flutterwave has announced a partnership with Nigeria's Economic and Financial Crimes Commission (EFCC) to establish a state-of-the-art Cybercrime Research Center aimed at intensifying the fight against internet crime and promoting secure online transactions. The centre will be located at the new EFCC Academy and serve as a hub for advanced research, training, and capacity building in financial crime prevention.

The partnership was formalised on June 14, 2024, during a signing of a Memorandum of Understanding (MoU) in Abuja, attended by EFCC Secretary Mohammadu Hammajoda and Flutterwave CEO Olugbenga Agboola, along with other dignitaries including EFCC Executive Chairman Ola Olukoyede and FBI Director Christopher Gray.

Agboola emphasised Flutterwave's commitment to secure transactions and applauded the EFCC’s efforts against internet fraud. Olukoyede expressed gratitude for the partnership, noting its significant contribution to enhancing the EFCC's capabilities in preventing, detecting, and prosecuting financial crimes. The centre will also provide comprehensive training for law enforcement and industry professionals to combat financial fraud.

Ampersand and BYD Partner to Electrify Africa’s Motorbikes

Kigali-based electric vehicle company Ampersand has signed an agreement with Chinese EV company BYD to advance electric motorbike development in Africa. The partnership aims to decarbonize Africa’s commercial motorbike transport system, currently dominated by fuel-powered bikes. The collaboration will help electrify many of Africa’s 30 million commercial motorbikes. Ampersand plans to use the partnership to expand its charging infrastructure, supporting the growing demand for electric motorbikes and promoting sustainable economic growth in African cities

Paystack, Nigerian Fintech Firm, Expands Virtual Terminal to Four African Countries

Nigerian fintech company Paystack has launched its Virtual Terminal in C?te d’Ivoire, Ghana, Kenya, and South Africa. This service enables merchants to generate unique QR codes for employees, allowing customers to pay via mobile money, cards, or Apple Pay by scanning the codes. Initially introduced in Nigeria in 2021, the Virtual Terminal allows businesses to accept in-person payments efficiently without hardware costs, bringing Paystack's seamless online checkout experience to physical locations

Become a Certified Information Privacy Professional (CIPP/E)

The four-day virtual training session from June 25th to 28th, 2024, is designed for professionals seeking to deepen their understanding of data protection and obtain the Certified Information Privacy Professional/Europe (CIPP/E) certification. training certification (CIPP/E). Participants will benefit from instructor-led live training, an electronic copy of the IAPP course textbook, comprehensive course notes and handouts, sample exam questions and answers, and a 12-month IAPP membership. Attendees will receive CIPP/E Exam Study Resources to prepare for the certification exam. Register HERE

Kenya Data Protection & Compliance Training

This training on June 25th to 28th 2024, is designed to aid you to understand data protection laws and practices and how to apply to ensure you and your organisation are data protection compliant. This qualification is suitable for any person interested in developing their knowledge in data protection compliance. It is especially beneficial and tailor-made to cater to the needs of legal practitioners across Africa as well as Professionals responsible for integrating privacy requirements into day-to-day operations. The Virtual course will be delivered in English. Presentations are well guided, practical exercise, interactive discussions and workshops. Upon completion of training the participant will be issued with a certification Register HERE

The Lawyers Hub is an organization based in Kenya working at the confluence of Law, Policy, and Technology. We run capacity-building initiatives on data protection, AI policy and regulation, justice innovation, and the impacts of tech regulation on the African continent, all under the Africa Digital Policy Institute umbrella. We also offer technical legal support to innovators and startups through the Africa Startup Law Accelerator. Additionally, we convene weekly policy discussions and bring together digital policy and technology actors annually at the Africa Law Tech Festival in July. Every December we convene judicial actors during the Africa Legal Innovation Week. The Lawyers Hub is also the publisher of the Africa Journal on Law & Tech. Our thematic focus areas include AI and Data Governance, Digital Platforms and Infrastructure Regulation, Intellectual Property, Internet Governance, Justice-Tech, and Digital Democracy.Learn more about who we are and what we do.

www.lawyershub.org

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