Cybercrimes Act 19 of 2020 (Republic of South Africa) - Cybercrime Offences, Reporting Obligations, Investigation Powers, and Mutual Assistance (Gazette 45562 of 30 November 2021; Chapters 1-4, 7-9 commenced 1 December 2021)

What Cybercrimes Act 19 of 2020 (Republic of South Africa) - Cybercrime Offences, Reporting Obligations, Investigation Powers, and Mutual Assistance (Gazette 45562 of 30 November 2021; Chapters 1-4, 7-9 commenced 1 December 2021) requires

The Cybercrimes Act 19 of 2020 of the Republic of South Africa is the country's foundational cybercrime statute. Chapters 1, 2 (excluding Part VI), 3, 4 (excluding sections 38(1)(d), (e) and (f), 40(3) and (4), 41 to 44), 7, 8 (excluding section 54), and 9 commenced on 1 December 2021 by way of Government Gazette 45562 of 30 November 2021. The Act intends, per its long title: to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes; to provide for the establishment of a designated Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations to report cybercrimes; to provide for capacity building; to provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes; and to delete and amend provisions of certain laws. The Act amends eleven prior statutes including the Criminal Procedure Act 51 of 1977, the South African Police Service Act 68 of 1995, the Films and Publications Act 65 of 1996, the Criminal Law Amendment Act 105 of 1997, the National Prosecuting Authority Act 32 of 1998, the Correctional Services Act 111 of 1998, the Financial Intelligence Centre Act 38 of 2001 (FICA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA), the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, and the Child Justice Act 75 of 2008. The Act establishes mandatory cybercrime reporting obligations on certain entities (per Chapter 7 / Section 54 in the commenced provisions) and creates jurisdictional reach over extraterritorial cybercrimes affecting South Africa. The Designated Point of Contact established under the Act enables 24/7 international cybercrime response coordination consistent with the Budapest Convention model.

Pillar: Cybersecurity · Authority: Republic of South Africa - Parliament; Department of Justice and Constitutional Development (originating department); commencement proclamation by the President via Government Gazette 45562 of 30 November 2021 · Version: 1.0.0 · Last updated: 2021-12-01

Primary source: https://www.gov.za/documents/acts/cybercrimes-act-19-2020-english-afrikaans-01-jun-2021

SHA-256 integrity: 50f852533ac6fcb974a04a7ac5ec4eff69cb37859c45bf672867fe31d8ef788f

Primary Citations — 11 traced to source

• Cybercrimes Act 19 of 2020 (Republic of South Africa), long title: 'to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes; to provide for the establishment of a designated Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations to report cybercrimes; to provide for capacity building; to provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes; to delete and amend provisions of certain laws; and to provide for matters connected therewith'
• Government Gazette 45562 of 30 November 2021 (Republic of South Africa) - proclamation by the President bringing into operation Chapter 1; Chapter 2 excluding Part VI; Chapter 3; Chapter 4 excluding sections 38(1)(d), (e) and (f), 40(3) and (4), 41 to 44; Chapter 7; Chapter 8 excluding section 54; Chapter 9 excluding sections 11B to 11D and 56A(3)(c), (d) and (e) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (in the schedule of laws repealed or amended in terms of section 58); commencement date 1 December 2021

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