IN the ever-evolving landscape of crime, the world has witnessed a significant shift in the nature and methods of white-collar offences.
Traditionally, white-collar crimes such as fraud, embezzlement, and corruption were often perpetrated through paper trails, physical documents, and in-person interactions.
However, in recent years, the increasing reliance on mobile money services, computers, smartphones, and the internet has transformed the landscape of these crimes, with a majority now taking place in the digital realm.
Zimbabwe, like many other developing nations, has not been spared.
As the country's business and financial sectors become technologically advanced, they have become vulnerable to mobile money and computer-based white-collar crimes. In this article I will examine the current state of white-collar cybercrime in Zimbabwe, the challenges faced by the country's legal system in prosecuting these offences, and the steps being taken to address this growing threat.
Zimbabwe's economy has undergone significant changes over the past decade, with a shift towards a more digitised business environment.
The widespread adoption of mobile money services, computers, smartphones, and internet-based services has revolutionised the way companies operate, store data, and conduct financial transactions.
While these technological advancements have brought many benefits, they have also created new opportunities for white-collar crimes. One of the most prevalent forms of computer-based white-collar crimes in Zimbabwe is fraud.
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Cyber-enabled fraud, which encompasses schemes such as phishing, mobile money scams, email scams, and online payment fraud, has become a growing concern. Criminals are increasingly using sophisticated methods to gain unauthorised access to sensitive financial information, divert funds, and defraud unsuspecting victims. Another area of concern is the misuse of company resources and assets.
With the increasing reliance on digital systems, employees with access to company computers, databases, and financial records can more easily engage in embezzlement and misappropriation of funds.
The anonymity and ease of digital transactions makes it challenging for organisations to detect and prevent such crimes.
Corruption and bribery have also adapted to the digital age. Illicit payments and exchanges of favours can now be facilitated through online platforms, mobile apps, and encrypted communication channels, making it difficult for authorities to trace and investigate these activities.
The prosecution of computer-based white-collar crimes in Zimbabwe faces several challenges, both in terms of legal frameworks and law enforcement capabilities. Zimbabwe's legal system has struggled to keep pace with the rapid technological advancements that have enabled new forms of white-collar crime.
The country's existing laws and regulations were primarily designed to address traditional, non-digital crimes, leaving significant gaps in the legislation when it comes to computer-based offences.
For example, the Criminal Law (Codification and Reform) Act does not adequately address the unique characteristics of digital crimes, such as the cross-jurisdictional nature of cyber-enabled fraud or the admissibility of digital evidence in court.
This legal uncertainty can make it challenging for prosecutors to build strong cases and secure convictions.
Prosecutors may face difficulties in convincing magistrates and judges of the reliability and admissibility of electronic evidence, potentially undermining their ability to effectively prosecute computer-based white-collar crimes.
Effectively investigating and prosecuting computer-based white-collar crimes requires specialised knowledge and skills in digital forensics, cybersecurity, and complex financial analysis.
However, Zimbabwe's law enforcement agencies and the judicial system have faced significant challenges in developing the necessary expertise to handle these sophisticated crimes.
Many Zimbabwean police officers and prosecutors lack the training and resources to properly identify, investigate, and build cases around mobile money and computer-based white-collar offences.
The evolution of technology and the constantly changing tactics employed by criminals can make it difficult for law enforcement to keep up with the latest trends and investigation techniques.
Additionally, the lack of dedicated cybercrime units within the Zimbabwean police force and the scarcity of digital forensic laboratories can hamper the gathering and analysis of digital evidence.
This can lead to incomplete or inadmissible evidence, making it challenging to secure convictions in court.
Effective prosecution of mobile money and computer-based white-collar crimes often requires collaboration and information sharing among various stakeholders, including law enforcement agencies, mobile money service providers, financial institutions, and international partners.
However, Zimbabwe has faced difficulties in fostering and maintaining these crucial connections.
The lack of established protocols and channels for cross-border cooperation can hinder investigations that span multiple jurisdictions.
Criminals may exploit these gaps to move funds and hide their activities across borders, making it increasingly difficult for authorities to track and recover proceeds of crimes.
Furthermore, the limited exchange of intelligence and best practices among local law enforcement agencies, as well as the reluctance of some private sector entities to share information, can hamper the country's ability to develop a comprehensive understanding of the evolving threats and to coordinate effective responses.
Despite the challenges, the government and various stakeholders have taken steps to address the growing threat of mobile money and computer-based white-collar crime and improve the country's ability to prosecute these offences.
In recent years, Zimbabwe has made efforts to update its legal frameworks to better address the realities of the digital age. The country introduced the Cyber crime and Data Protection Act, which aims to criminalise a range of computer-based offences, including unauthorised access to computer systems, data theft and the creation and distribution of malware.
This legislation also provides guidelines for the collection and admissibility of digital evidence in court, helping to address some of the evidentiary challenges faced by prosecutors.
Additionally, the Act establishes a Cyber Security Centre to coordinate the country’s response to cyber crime and serve as a hub for information sharing and capacity building.
While the Cyber Crime and Data Protection Act represents a significant step forward, experts argue that there is still room for improvement in the legal framework.
Ongoing efforts to review and refine the legislation, as well as to align it with international best practices, are crucial to ensuring that Zimbabwean laws can effectively address the evolving nature of computer-based white-collar crimes.
The government has recognised the need to invest in the training and development of law enforcement personnel to better equip them for the challenges of prosecuting computer-based white-collar crimes.
The police has established a cybercrime unit tasked with investigating digital crimes and providing support to other law enforcement agencies. This specialised unit has been working to build the capacity of its officers through training programmes, which cover topics such as digital forensics, financial analysis, and the handling of electronic evidence.
Additionally, the government has partnered with international organisations and development agencies to provide prosecutors and judges with specialised training on the legal and technical aspects of prosecuting computer-based crimes.
These initiatives aim to improve the overall understanding and handling of digital evidence in the judicial system.
Recognising the importance of cross-sector cooperation, the government has taken steps to facilitate better collaboration and information sharing among various stakeholders involved in the fight against mobile money and computer-based white-collar crime.
The Cyber Security Centre serves as a platform for coordinating efforts and facilitating the exchange of intelligence and best practices among law enforcement agencies, financial institutions and the private sector.
This centralised hub aims to improve the country's overall resilience against computer and internet-based crimes and enhance the effectiveness of prosecution efforts.
Zimbabwe has been working to strengthen its international cooperation and information-sharing mechanisms.
The country has signed bilateral and multilateral agreements with other nations and regional bodies to facilitate the sharing of cross-border intelligence, the extradition of suspects and the recovery of stolen assets.
These collaborative efforts are crucial in addressing the transnational nature of computer-based white-collar crimes and ensuring that authorities can effectively prosecute offenders.
The evolving nature of these crimes, the complexity of digital evidence and the gaps in legal frameworks and law enforcement capabilities have hindered the effective prosecution of such offences.
However, the introduction of the Cyber Crime and Data Protection Act, the establishment of specialised cyber crime units, and the ongoing efforts to enhance the skills and knowledge of law enforcement personnel and the judiciary are all positive developments.
- Mutisi is the CEO of Hansole Investments (Pvt) Ltd and the current chairperson of Zimbabwe Information & Communication Technology, a division of Zimbabwe Institution for Engineers. He writes in his personal capacity. — +263 772 278 161 or e-mail [email protected]
