Cybercrime in South Africa: Key Threats, Real Cases & the Cybercrimes Act Explained

The 3rd & 4th Industrial
Revolutions
Enter cybercrime.

Cybercrime:
A Working Definition
“Cybercrime is criminal activity that
either targets or uses a computer, a
computer network or a networked
device.”
– Kaspersky (Cybersecurity Provider)

Cybercrime on the Rise
What do the stats say?

Recent Cyber Incidents
In South Africa

Electronic
Communications &
Transactions Act
Background

ECTA 2002 Cyber Offences
s 86: Unauthorised access to, interception of or interference with data
s 87: Computer-related extortion, fraud and forgery
s 88: Attempt, and aiding and abetting

The Cybercrimes
Act 19 of 2020
Cybercrimes

Cybercrimes
ss 2(1) Offence: Unlawful access
▪ Unlawfully & intentionally accessing a computer system/storage medium
▪ Using & storing data on a computer storage medium that is being
unlawfully & intentionally accessed

Cybercrimes
ss 3(1) Offence: Unlawful interception of data
▪ Unlawfully & intentionally intercepting data (including possession)

Cybercrimes
s 4 Offence: Unlawful acts in respect of software
or hardware tool
▪ Unlawfully & intentionally using or possessing
software/hardware tools that are used to
perform any acts that contravene the
Cybercrimes Act

Cybercrimes
ss 5(1) Offence: Unlawful interference
with data or computer program
▪ Unlawfully & intentionally interfering
with data/computer programme
▪ Interference = deletion, alteration,
corruption or obstruction of the
data/computer programme

Cybercrimes
ss 6(1) Offence: Unlawful interference with
computer data storage medium or computer
system
▪ Unlawfully & intentionally interfering with
a computer data storage medium/system
▪ Interference = alteration of any resource
+ interruption/impairment of the
functioning, confidentiality, integrity or
availability of the data/system

Cybercrimes
ss 7(1) Offence: Unlawful
acquisition, possession, provision,
receipt or use of password, access
code or similar data or device

Cybercrimes
ss 8(1) Offence: Cyber fraud
any person who unlawfully and with the intention to
defraud makes a misrepresentation by means of
data or a computer programme, or through any
interference with data or computer programme,
which causes actual or potential prejudice to
another person

Cybercrimes
ss 9(1) Offence: Cyber forgery
▪ a person is guilty of cyber forgery if such person unlawfully and with the
intention to defraud makes false data or a false computer programme to the
actual or potential prejudice of another person
ss 9(2) Offence: Cyber uttering
▪ a person is guilty of cyber uttering if such person unlawfully and with the
intention to defraud passes off false data or a false computer programme to
the actual or potential prejudice of another person

Cybercrimes
ss 10(1) Offence: Cyber extortion
Any person who unlawfully and intentionally
commits or threatens to commit any offence
contemplated in section 3(1), 5(1), 6(1) or
7(1)(a) or (d), for the purpose of
(a) obtaining any advantage from another
person; or
(b) compelling another person to perform or
to abstain from performing any act,
is guilty of the offence of cyber extortion.

Cybercrimes
ss 11(1) Aggravated Offence:
▪ It is considered an aggravated offence
to commit the offences in terms of the
Cybercrimes Act on a restricted
computer system
▪ A restricted computer system = any
data, computer programme/storage
medium/system that is under the
control of a financial institution or an
organ of state and which is protected
by security measures against
unauthorised access/use

Cybercrimes
ss 11(2) Aggravated Offence:
It is considered an aggravated offence to commit the
offences in terms of Cybercrimes Act to:
“(a) endanger the life or cause serious bodily injury to, or
the death of, any person, or any number or group of
persons;
(b) cause serious risk to the health or safety of the
public or any segment of the public;
(c) create a serious public emergency situation”

Cybercrimes
ss 12(1) Offence: Theft of incorporeal
property
“The common law offence of theft must be
interpreted so as not to exclude the theft of
incorporeal property.”

Malicious
Communications
Cybercrimes Act 2020

Malicious
Communications
ss 14(1)-(2): Data message which
incites damage to property or violence
▪ Any person who discloses a data
message to a person/group of
persons with the intention to incite
damage to property or violence
against other persons is guilty of an
offence

Malicious
Communications
ss 15(1): Data message which threatens persons
with damage to property or violence

Malicious
Communications
ss 16(1)-(2): Disclosure of data message of
intimate image

Section 17 Offence
If a person unlawfully and intentionally attempts, conspires, aids, abets, induces,
incites, instigates, instructs, commands or procures another person to commit an
offence in terms of Part I or Part II of Chapter 2 of the Cybercrimes Act, then said
person is guilty of an offence and is liable on conviction to the punishment to
which a person convicted of actually committing that offence would be liable.

Section 19 Sentencing
▪ Contraventions liable for fine and/or 3-15 years imprisonment, depending on
the offence
▪ Courts may consider aggravated offences in sentencing

Cybercrime in South Africa: Key Threats, Real Cases & the Cybercrimes Act Explained

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