identify and appoint relevant technical and legal expertise to support the lead
ministry, internal to the authority and, or, external, whether located nationally or
internationally. The work of the expert(s) must then be supported through the
establishment of a stakeholder review group, chaired by the lead ministry, including
representation from the public and private sectors. Obvious potential candidates
include people from the ministry of justice, the national law reform commission and
local commercial and legal practitioners. Any draft measures prepared by the experts
would then be subjected to a process of scrutiny by the stakeholder review group,
which should both substantially improve the quality of the final draft and facilitate
awareness and build support for the proposal among the wider community. Finally,
the draft measure should be steered through the parliamentary process by the lead
ministry, ensuring that steps are taken to fully explain the purpose, nature and
consequences of the measure to the political representatives.
In terms of the institutional implications of the Recommendations, the Task Force
notes that preference should be given to identifying existing institutions to take on
some of the proposed tasks, rather than establishing new entities with associated costs
and time involved.
Envisaging law reform has always been substantially easier than achieving law
reform. To successfully address the legal aspects of ICT development requires that
EAC Partner States devote as much time and resources to the process of law reform as
to the various subject matters identified in the Legal Framework.
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