REPUBLIC OF SOUTH AFRICA
CYBERCRIMES BILL
(As presented by the Portfolio Committee on Justice and Correctional Services(National Assembly), after consideration of the Cybercrimes and Cybersecurity Bill[B 6-2017])(The English text is the offıcial text of the Bill)
(M
INISTER OF
 J
USTICE AND
 C
ORRECTIONAL
 S
ERVICES
)
[B 6B—2017]
 ISBN 978-1-4850-0534-6
No. of copies printed .........................................800
 
BILL
To create offences which have a bearing on cybercrime; to criminalise thedistribution of data messages which are harmful and to provide for interimprotection orders; to further regulate jurisdiction in respect of cybercrimes; tofurther regulate the powers to investigate cybercrimes; to further regulate aspectsrelating to mutual assistance in respect of the investigation of cybercrime; toprovide for the establishment of a designated Point of Contact; to further providefor the proof of certain facts by affidavit; to impose obligations to reportcybercrimes; to provide for capacity building; to provide that the Executive mayenter into agreements with foreign States to promote measures aimed at thedetection, prevention, mitigation and investigation of cybercrimes; to delete andamend provisions of certain laws; and to provide for matters connected therewith.
P
arliament of the Republic of South Africa enacts as follows:—
ARRANGEMENT OF SECTIONS
Sections
CHAPTER 1DEFINITIONS AND INTERPRETATION
1. Definitions and interpretation
CHAPTER 2CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING ANDORDERS TO PROTECT COMPLAINANTS FROM THE HARMFUL EFFECTOF MALICIOUS COMMUNICATIONS
 PART I: CYBERCRIMES
2. Unlawful access3. Unlawful interception of data4. Unlawful acts in respect of software or hardware tool5. Unlawful interference with data or computer program6. Unlawful interference with a computer data storage medium or computersystem7. Unlawful acquisition, possession, provision, receipt or use of password, accesscode or similar data or device8. Cyber fraud9. Cyber forgery and uttering10. Cyber extortion11. Aggravated offences5101520
 
12. Theft of incorporeal property
 PART II: MALICIOUS COMMUNICATIONS
13. Definitions14. Data message which incites damage to property or violence15. Data message which threatens persons with damage to property or violence16. Distribution of data message of intimate image
 PART III: ATTEMPTING, CONSPIRING, AIDING, ABETTING, INDUCING, INCITING, INSTIGATING, INSTRUCTING, COMMANDING OR PROCURINGTO COMMIT OFFENCE
17. Attempting, conspiring, aiding, abetting, inducing, inciting, instigating,instructing, commanding or procuring to commit offence
 PART IV: COMPETENT VERDICTS
18. Competent verdicts
 PART V: SENTENCING
19. Sentencing
 PART VI: ORDERS TO PROTECT COMPLAINANTS FROM THE HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS
20. Order to protect complainant pending finalisation of criminal proceedings21. Electronic communications service provider or person in control of computersystem to furnish particulars to court22. Orders on finalisation of criminal proceedings23. Penalties
CHAPTER 3JURISDICTION
24. Jurisdiction
CHAPTER 4POWERS TO INVESTIGATE, SEARCH, ACCESS OR SEIZE
25. Definitions26. Standard Operating Procedures27. Application of provisions in this Chapter28. Search for, access to, or seizure of certain articles29. Article to be searched for, accessed or seized under search warrant30. Oral application for search warrant or amendment of warrant31. Search for, access to, or seizure of article without search warrant with consentof person who has lawful authority to consent32. Search for, access to, or seizure of article involved in the commission of anoffence without search warrant33. Search for, access to and seizure of article on arrest of person34. Assisting police official or investigator35. Obstructing or hindering police official or investigator and authority toovercome resistance36. Powers conferred upon police official or investigator to be conducted in decentand orderly manner with due regard to rights of other persons37. Wrongful search, access or seizure and restriction on use of instrument, device,password or decryption key or information to gain access38. False information under oath or by way of affirmation39. Prohibition on disclosure of information351015202530354045
View on Scribd
Back to document