Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698058299403.pdf (Lesotho)
REPORT ON THE COMMUNICATIONS (IDENTITY MODULE AND MOBILE DEVICE REGULATION) REGULATIONS, 2021 PRESENTED BY THE PORTFOLIO COMMITTEE ON THE PRIME MINISTER’S MINISTRIES AND DEPARTMENTS, GOVERNANCE, FOREIGN RELATIONS AND INFORMATION CLUSTER National Assembly P. O.

Box 190 Maseru 100 Phone: +266 22323035 Fax: + 266 22310434 0 1.
INTRODUCTION The Communications (Subscriber Identity Module and Mobile Device Registration) Regulations, 2021 were tabled by the Honourable Minister of Communications, Science and Technology before the House on Thursday, 3rd June, 2021.

Pursuant to Standing Order No.

100(3), the Subordinate Laws were referred to the Portfolio Committee on the Prime Minister’s Ministries and Departments, Governance, Foreign Relations and Information Cluster for consideration.
The Ministry of Communications was subsequently invited to provide the Committee with necessary information pertaining to the policy context, financial implications, contents and effects of the Regulations as per Standing Order No.

101(2).

The Committee invited views from the following stakeholders: • Vodacom Lesotho; and • Econet Telecom Lesotho The Report presents a summary of the Committee’s deliberations on the Regulations and its recommendations for consideration by the House.

2.
MINISTERIAL BRIEFING ON THE SUBORDINATE LAWS The Ministry of Communications stated that The Communications (Subscriber Identity Module and Mobile Device Registration) Regulations, 2021 intend to: • Curb criminal activities perpetrated with the use of mobile devices and SIM; • Control the proliferation of counterfeit devices in the market; 1 • Establish the Central Database where the licensees will be required to transmit all the subscribers information; • Impose legal obligations on licensees to register the subscribers; • Stimulate the requirements for registrations of different categories of subscribers; and • Curb threats to national security and the harassment of other users of mobile network systems.
3.
OBSERVATIONS AND CONCERNS Following a comprehensive ministerial briefing and stakeholders views the Committee observed the following: • Stakeholders and the public consultations are needed to ensure that all stakeholders inputs are included in the Subordinate Law; • The systems testing and readiness ensuring that the central database is envisaged has not been thoroughly considered; • Consideration of vulnerable population, informal traders and people with disabilities have not been carefully primed; and • Timeframe for registration of SIM and other processes should be reviewed.
4.

RESOLUTIONS Based on the above observations and concerns, the Committee resolved to disallow the Communications (Subscriber Identity Module and Mobile Device Registration) Regulations, 2021 for the Minister to reassess the regulations.

2 5.

CONCLUSION AND RECOMMENDATION The Committee wishes to submit this report and its recommendations for adoption by the House.

3 LIST OF MEMBERS OF THE PORTFOLIO COMMITTEE ON THE PRIME MINISTER’S MINISTRIES AND DEPARTMENTS 1.

Hon.

L. Hlalele (Chairperson) 2.

Hon.


M. Phafoli 3.

Hon.

T. Monyooe 4.

Hon.

T. Kibane 5.

Hon.

M. Fako 6.

Hon.

M. Mosito 7.

Hon.

T. Litjobo 8.

Hon.

M. Ntlama 9.

Hon.

K. Moroeng 10.

Hon.

S. Peea 11.

Hon.

T. Sekata 12.

Hon.

M. Malefane 13.

Hon.

L. Tau 14.

Hon.

M. Hlao 15.

Hon.

S. Ntsekele 16.

Hon.

T. Ramarou 17.

Hon.

N. Mafa 18.

Hon.

T. Mapesela 4