The DA welcomes the commencement of certain sections of the Cybercrimes and Cybersecurity Bill into law. The enactment of this legislation is long overdue and comes at a critical time when South Africa has become a hotbed of cybercrimes and cybersecurity threats.

The Cybercrimes and Cybersecurity Act is a strong piece of legislation due to it being subjected to rigorous public participation processes and inputs form across the political divide.

The Act criminalises a number of cybercrimes such as:

• Messages containing threats of violence and damage to property, inciting violence and damage as well as distributing intimate images of someone without their consent (also know as revenge porn);
• Unlawfully accessing computer systems and data storage;
• The interception of, and interference with, data;
• Financial services institutions, internet and communications service providers are now obligated to report offences within 72 hours of becoming aware.

This new legislation can create a vehicle to prevent and prosecute cyber related crimes but only if the relevant State institutions are properly capacitated, trained and financed. Failure by the government to do this will render this Act null and void.

Over the past number of years South Africa and it’s State institutions have become increasingly vulnerable to cyber security attacks with inter alia the Department of Justice and Transnet falling prey to these attacks, causing huge losses and compromising vast tracts of citizens personal information.

There is evidently a clear need for South Africa to strengthen its response to cybercrimes and this Act is crucial in achieving this.

 

Issued by DA Shadow Minister of Justice and Constitutional Development Adv Glynnis Breytenbach