The President of South Africa has proclaimed that certain sections of the Cybercrimes Act commence on 1 December 2021. Now that the Act has commenced, you may have questions like: which sections have already commenced? When will the entire law commence? What should I do and when? What does this actually mean for me? We have answers to your questions.

What has commenced?

The sections of the Cybercrimes Act that commence on 1 December 2021:

  • Chapter 1: definitions and interpretations – this section does not create any crimes, but it is necessary to understand other sections of the law.
  • Chapter 2: cybercrimes – only specific parts will commence; those parts deal with:
    • cybercrimes,
    • malicious communications,
    • assisting or instructing someone to commit a crime,
    • competent verdicts, and
    • sentencing.
  • Chapter 3: jurisdiction – the courts of South Africa have jurisdiction to try cybercrimes in certain circumstances.
  • Chapter 4: powers to investigate, search, access or seize
    • the Police Service now have extensive powers to investigate, search, access and seize anything (like a computer, database, or network) wherever they are located, provided they have a search warrant.
    • all sections commence except sections 38(1)(d)-(f), 40(3)-(4), and 41-44.
  • Chapter 7: evidence – this chapter helps people to admit evidence of cybercrimes.
  • Chapter 8: reporting obligations and capacity building –  all sections commence except section 54; and
  • Chapter 9: general provisions
    • this chapter includes a schedule of laws that are repealed or amended.
    • all sections commence except for certain amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.

When will the rest of the Cybercrimes Act commence?

They will commence on a future date that the President will announce by proclamation.

What should you be doing now?

  • Understand how the Act impacts your organisation by attending our half day online workshop on the Cybercrimes Act.
  • Ask us to help you determine the impact of cybercrimes on your organisation and the next steps by doing the online Cybercrimes impact assessment.
  • View our webinar to understand the practical impact of the Cybercrimes Act on you.
  • You can get an overview of the Act by reading our plain language summary on the Cybercrimes Act.
  • Dive into the detail of the Act by reading the web-based version of it.
  • Determine the Act’s impact on your organisation by reading what the practical impact is on different organisations and people.
  • Know how the law applies to you by asking for our legal opinion or interpretation of the law.
  • Receive future updates or alerts about the Cybercrimes Act and our events by subscribing to the Michalsons newsletter.
  • Brief your board on the Cybercrimes Act and the legal implications for your organisation by asking us to present an executive briefing to them.
  • Find out what other actions you can take related to cybercrime by visiting our main cybercrime law page.