CYBERCRIMES ACT, 2020 – CERTAIN SECTIONS NOW IN FORCE
The Cybercrimes Act,2020, which was signed into law this year, aims to criminalise cyber-facilitated fraud, forgery, uttering and extortion.
The sections detailed directly below, are now in force as per a proclamation published yesterday –
- Chapter 1;
- Chapter 2, with the exclusion of Part VI;
- Chapter 3;
- Chapter 4, with the exclusion of sections 38(1)(d), (e) and (f), 40(3) and (4), 41, 42, 43 and 44;
- Chapter 7;
- Chapter 8, with the exclusion of section 54; and
- Chapter 9, with the exclusion of sections 11B, 11C, 11D and 56A(3)(c), (d) and (e) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), in the Schedule of laws repealed or amended in terms of section 58.
A number of important provisions have NOT however been brought into force, including:
- the duty, of electronic communications service providers and financial institutions to report certain cybercrimes to the SAP within 72 hours;
- the schedule amending sections 11B, 11C, 11D and sub-sections 56A(3)(c), (d) and (e) of the 2007 Criminal Law (Sexual Offences & Related Matters) Amendment Act , which will go some way towards curtailing the harmful disclosure of pornographic material (especially involving children);
- Chapter 2 Part VI (orders to protect complainants from the harmful effect of malicious communications), and
- Chapter 4, sub-sections 38(1)(d), (e) and (f) (false information under oath or by way of affirmation), 40(3) and (4) (interception of indirect communication and obtaining real-time communication-related information), section 41 (issuing an ‘expedited preservation of data direction’), 42 (issuing a ‘preservation of evidence direction’), 43 (applying orally for the issuance of a ‘preservation of evidence direction’), and 44 (issuing a ‘disclosure of data direction’ and searching for, accessing and seizing articles subject to preservation).
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