Analysis of the Zambian courts adequacy to prosecute cybercrime cases

Abstract

This study focused on analyzing the Zambian courts adequacy in prosecuting cybercrime cases.  The aim was to investigate whether the courts in Zambia had necessary capacity to prosecute cybercrime cases and make recommendations.  To carry out this research the researcher used an exploratory research design because it enabled the researcher to collect both qualitative and quantitative data using questionnaires with closed and open-ended questions.

 Respondents were judges from the high court and magistrates from subordinate courts in Lusaka district and lawyers came from different law firms in Lusaka district. The prosecutors came from the National Prosecution Authority, the registrar came from the high court in Lusaka district and court clerks as well as interpreters came from the subordinate courts in Lusaka district.

The study revealed; that both the high court and subordinate courts had no dedicated personnel apportioned to deal with cybercrime cases, that both the high court and subordinate courts had no necessary technological infrastructure to support the prosecution of cybercrime cases. On the other hand, the study reveals that both the high court and subordinate courts have a streamlined process for obtaining and admitting digital evidence and that both high court and subordinate courts have mechanisms in place to protect the confidentiality and integrity of digital evidence.

The study recommends; that both the high courts and subordinate courts need to be equipped with the necessary technological infrastructure to support cybercrime prosecutions. The study further recommends that the judiciary should consider having dedicated personnel who are expert to be apportioned to deal with cybercrime cases.