From CompliNEWS | Financial Service Intelligence Watch
Navigating South Africa’s Cybercrimes Act
In today’s technology-driven world, cybercrimes are increasingly affecting individuals, businesses and governments. Although cybercrime lacks a settled definition, it broadly encompasses any criminal activity involving a computer. This includes traditional crimes like fraud, theft, extortion and child pornography, now perpetrated in a cyber environment. Additionally, new crimes made possible by computer usage, such as hacking, phishing and piracy, have emerged, expanding the scope of cyber threats.
South Africa has responded to these evolving threats with the Cybercrimes Act 19 of 2020, officially promulgated into law on 1 December 2021. This comprehensive legislative framework criminalises various forms of cyber-related activities, such as unlawful access, data interception, and cyber fraud. The Act also provides for extraterritorial jurisdiction, allowing South African courts to address cybercrimes affecting the country, even if they occur outside its borders. This means individuals engaged in malicious hacking or spreading software viruses can face severe penalties, including fines and imprisonment.
CMS reports via the Lexology site that the effectiveness of the Cybercrimes Act hinges on several critical factors. Robust enforcement and implementation require adequate training and resources for law enforcement and judiciary, along with continuous legislative updates to keep pace with technological advancements. International cooperation is essential to combat the transnational nature of cyber threats, necessitating partnerships for intelligence sharing and joint investigations. Furthermore, collaboration between the government, public sector, and private sector ensures a comprehensive and coordinated approach to cybersecurity, enhancing the resilience of South Africa’s digital environment.