TNM’s Chief Technical Officer, Lloyd Gowera responding to the query
* With their sophisticated digital system, even the Western World would not be able to listen in to each and every call made by the public
* But only do so by law enforcement agencies in tracking high profile criminals and terrorists under their radar
By Duncan Mlanjira
Lloyd Gowera, Chief Technical Officer of the pioneer mobile phone service provider, TNM Plc, has authenticated that the country’s telecommunications companies do not have the capacity to listen in to people’s phone calls — which Malawi Communications Regulatory Authority (MACRA) continues to refute.
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Gowera vouched MACRA’s continued dismissal of this allegation on Monday at Sunbird Mount Soche in Blantyre during the launch of MACRA’s stakeholders’ Open Week, an interactive forum with operators and consumers — whose main objective is to enhance its regulatory function.
During questions and answers (Q&A) session after speeches and presentations, when one stakeholder asked if the allegation is indeed true — as the public has been made to believe following social media discussions — MACRA Director General, Daud Suleman made an impromptu decision to ask Gowera to answer the question instead on behalf of the regulator and other mobile phone operators.
The chief technical officer, though ambushed, clearly articulated that if such an exercise was to be carried out, the telecommunications companies would know about it since it’s in their space — but he emphasised that they do not have such a capacity.
He hinted that the Western World, with their sophisticated digital system, would not be able to listen in to each and every call made by the public but only do so by law enforcement agencies in tracking high profile criminals and terrorists under their radar.
He also indicated that such an exercise, if they were able to, would even be more costly in as far as the high number of personnel needed to handle such a process.
He thus assured the public that they are free to carry out their phone call conversations without any fear that they are being listened to by MACRA or any other law enforcement agencies — because that is not true.
Suleman himself said he also had several instances where he would make a regular phone call to someone, who in turn would refuse to continue with the conversation preferring using WhatsApp calls, saying they suspected they would be listened to.
DG Suleman
“As TNM’s chief technical officer has said, which is also the stand for Airtel Malawi, this task is impossible as we have always verified before,” he said, alluding to what MACRA explained of the benefits of Revenue Assurance System (RAS) — which some agents thought MACRA was intending to install a spying machine.
The RAS was first introduced in the country 10 years ago but it made MACRA go through court disputes over the project that made them to lose over US$20 million.
The RAS project is now helping MACRA to collect data on how mobile and data operator are generating their revenues and remit the required percentage to MACRA and that call drops were difficult to handle against the mobile operators — as the regulator was not able to have backing evidence before them.
With the RAS installation, MACRA will be able to have back up proof of call drops where customers are being charged on their call drops.
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Meanwhile, MACRA Board chairperson, Bridget Chibwana emphasised that one of the core principles guiding the regulator’s operations is transparency, saying: “Transparent regulatory processes build trust and confidence among stakeholders.”
She added that through the Open Week, “MACRA is committed to ensuring that its actions and decisions are open to scrutiny and that stakeholders have a clear understanding of regulatory requirements and processes”.
The Open Week, that extends to Lilongwe and Mzuzu, was presided over by Minister of Information & Digitalisation Moses Kunkuyu alongside Secretary for the Ministry, Baldwin Chiyamwaka and Chibwana said they have organised the Open Week “with the main objective of providing an interactive forum with operators and consumers in order for us to enhance our regulatory function”.
“This MACRA Open Week provides us with a unique opportunity to engage directly with operators, consumers, and prospective licensees, thereby enhancing MACRA’s regulatory functions and ensuring that our policies and practices address with the needs of all stakeholders at community, district and national levels.”
She highlighted that MACRA is expecting that the interaction will, among several others:
* Allow prospective licencees to obtain feedback on queries or information on how to operate an ICT business in Malawi;
* Provide information on MACRA’s regulatory functions, tools needed, and required expertise;
* Assist prospective licence applicants with procedures and any requirements that may need clarification;
* To provide updates to consumers and stakeholders on the latest developments being carried out in the sector; and
* To discuss frequency allocation, current status, challenges and solutions.
“MACRA, as the regulatory body for the communications sector in Malawi is tasked with the responsibility of ensuring a robust regulatory framework that encourages fair competition, protection of consumer interests, and fostering an environment conducive to innovation and investment.
“For us to achieve this and maintain the integrity and stability of the ICT sector, we employ a range of tools and expertise. These include spectrum management, licensing, monitoring compliance, and consumer protection.
“The continuous development of these tools and the enhancement of our regulatory capacity are vital for addressing the evolving challenges of the ICT landscape.”
For those aspiring to enter the ICT sector, Chibwana said the MACRA Open Week provides them “an invaluable opportunity [as] prospective licensees can obtain immediate feedback on their queries, receive guidance on the requirements for operating an ICT business, and gain insights into the licensing process”.
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“This proactive approach helps in demystifying regulatory procedures and encourages new entrants to contribute to the growth of the sector. Further, engagement with consumers and stakeholders is a cornerstone of effective regulation and coordination.
“It is through this engagement that we can gather feedback, understand challenges, and refine our policies.”
On the frequency allocation, she disclosed that it remains a critical issue in the ICT sector”, adding that efficient spectrum management is essential for ensuring that all operators have fair access to the frequencies they need to deliver services”.
“MACRA is continually working and implementing solutions to optimize frequency use and ensure equitable distribution. The current status of frequency allocation and the steps being taken to overcome challenges will be discussed in detail during this Open Week.”
Key projects, innovations and initiatives that are being highlighted as shaping the future of the ICT sector in Malawi include advancements in digital infrastructure, efforts to enhance connectivity, and initiatives aimed at bridging the digital divide.
“Let us work together to build a vibrant, resilient, and inclusive ICT sector that serves the needs of all Malawians in all their diversity — thereby enabling an investment environment; closing the digital divide; strengthening public private partnerships and community systems strengthening; and supporting innovation.”
In his presentation, Director General, Suleman announced that the regulator has amended the Electronic Transaction & Cyber Security Act (2016), which will ensure that the digital space is properly regulated.
He explained that the Electronic Transaction & Cyber Security Act (2016) was drafted from around 2010-2012 taking into account of the digital penetration at that time — but the digital landscape has tremendously evolved that has seen many challenges to do with electronic transaction and cyber crimes.
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“The legal framework of the digital space was compacted into one law, the Electronic Transaction & Cyber Security Act, with cyber crimes being mentioned in one paragraph,” Suleman said. “So, we found the need to break the Act into two — the Electronic Transaction Act and Cyber Security Act.”
He added that the cyber security law was also divided into four components that includes Data Protection Act, which has been rolled into operation from June, 2024 while three Cyber Crimes Bill; e-Evidence Bill and Digital Innovation & Entrepreneurship Bill are yet to be debated in Parliament.
He assured that once the Bills would be passed and assented to, they shall be made available for the public’s scrutiny since the Cyber Crimes Bill zeroes in on do’s and don’t’s on the use of the digital space — including 38 types of crimes that are committed through phones.
Key to the amendment of the Electronic Transaction & Cyber Security Act (2016) is the Data Protection Act, which protects the public’s personal information from being stolen after being exposed to a third party.
Suleman emphasised that the amendments to the 2026 Act are in line with global trends in the digital space, saying Malawi cannot proceed without a stable and healthy digital legal framework.
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He added that the Digital Innovation & Entrepreneurship Bill is towards enhancing digital entrepreneurship and protection of intellectual property, saying the world economy is moving towards the digital ecosystem.
Taking cognizance that we are living in a global village, Suleman said the amendments to the Act have been done in collaboration with various global stakeholders in line with Africa Union’s Malabo Convention and the global Budapest Convention.
The enhancement of the digital entrepreneurship is being done through Muuni Fund, which MACRA established that is aimed at financing research and development projects in the ICT industry as well as to encourage local innovative solutions to the problems being faced for a vibrant digital environment.
The Muuni Fund hosted its first Innovation Expo at the Bingu International Convention Centre (BICC) in Lilongwe on Friday attended by Minister Kunkuyu, Secretary to the Ministry Chiyamwaka, MACRA Board chairperson, Chibwana, entrepreneur Napoleon Dzombe among others.
The Expo was held under the theme; ‘Fostering local innovations: Building a thriving ecosystem in Malawi’, which Kunkuyu said it resonates well with the importance of ICT in driving economic growth and societal advancement in the country.
