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cybersecurity of South African citizens.
The Cybercrimes Bill will have broad consequences for some of the
following persons:
• Persons who use a computer or the internet.
• Electronic communications and financial service providers.
• Suppliers of IT hardware tools and software.
• Representatives of government departments.
Commercial • The South African Police Services (SAPS).
Information security experts.
•
People who are involved with IT regulatory compliance.
•
It creates approximately 50 new offences which have a bearing on
cybercrimes, such as hacking, unlawful interception or interference
with data, cyber extortion, cyber forgery, using financial information
to commit an offence, the distribution of data messages that are
harmful and computer-related offences that relate to terrorist activities.
These crimes are pervasive and may have substantial implications for
persons or businesses providing services in this domain, particularly as
penalties are quite severe ranging from fines to imprisonment of up to
15 years or both.

The Bill also confers extensive powers on the SAPS to combat
cybercrimes and promote cybersecurity. These powers include the
right to search, access, investigate and seize anything from a computer
to a database, provided that they are in possession of a search warrant
authorising their actions.
It further places obligations on electronic communications service
providers and financial institutions who become aware that their
electronic communications network are being used to commit a
cybercrime, to immediately report such to the National Cybercrime
Centre - a specialised unit to be established in terms of the Cybercrimes
Bill - and to preserve any information that relates to the cybercrime in
question. Importantly though – this will not extend to the monitoring of
the data they transmit or store on their systems or to actively seek or
ensure that there are no unauthorised and illegal activities prejudicing
cybersecurity.

Will the Cybercrimes Bill stop your scam e-mails and messages? Only
time will tell. But at least there is a positive step by Government towards
providing a more regulated environment to police cyberspace.
As regards to the implications for businesses working within the
information technology environment, it is our advice to keep close
track of developments relating to this Bill as a failure to comply could
hold dire consequences.

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