Cybercrime

Cybercrime includes computer crime, online crime, information crimes, communications crimes and technology crimes. It describes both:

  • the crimes directed at computers, data or information communications technologies (ICTs), and
  • the crimes committed by people using computers or ICT.

Michalsons offers workshops on this subject. Both public and private in-house workshops available, as well as an executive briefing designed to get your board on board, helping them understand the cyber security risks that may face their organisation, as well as the related legal implications.

We can also update or draft policies for your organisation that are in line with latest Cybercrime Laws. We can assist you with Incident Response, and ensure that you can admit records and evidence of cybercrime.

You can read more about cybercrime law or read the posts below for our insights.

State v Ndiki and others | Electronic evidence

In this case, State v Ndiki and others, the court ruled that computer-generated evidence labelled as hearsay under the Law of Evidence Amendment Act 45 of 1988 (LEAA) could be admitted under specific provisions of the Act. Evidence based solely […]

By |2026-02-23T10:28:17+02:00February 20th, 2024|Categories: AI Governance, Cybercrime, Information Law|Tags: , , , , , , , , , , , |
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Lester Connock Commemoration Fund v Brough Capital | BEC

In Lester Connock Commemoration Fund v Brough Capital, the high court held Brough Capital liable for a breach of agreement in administering funds for the Rotary Club of Rosebank. The court found that fraudulent email transactions totalling R3.1 million occurred [...]

By |2024-02-20T07:53:19+02:00November 29th, 2023|Categories: Cybercrime, Cybersecurity Law|Tags: , , |
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SAPS may access surveillance devices

SAPS granted surveillance device access for enhanced investigations, igniting privacy concerns. Justice Minister Ronald Lamola gazetted a five-year exemption from the Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) in South Africa. This means that the [...]

By |2025-05-19T17:00:31+02:00July 19th, 2023|Categories: Cybercrime, Monitoring Law, POPI and Data Protection, Tech Law|
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How small businesses can protect themselves against cybercrimes

Cybercrimes are on the rise, and your cybersecurity efforts should be too. Cybersecurity does not have to cost you an arm and a leg, but it can save you an arm and a leg if done properly. Small businesses can [...]

By |2024-04-17T11:11:44+02:00June 30th, 2023|Categories: Cybercrime|Tags: , , , , , , , , |
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Cybercrime and AI: same threats now powered with advanced technology

Cybercrime continues to be an important issue that all organisations are trying to manage. But now, in the era of artificial intelligence (AI), there are even more challenges when dealing with cybercrime. So understanding the impact of cybercrime and AI [...]

By |2024-04-17T11:11:36+02:00May 31st, 2023|Categories: Cybercrime|Tags: , , , , , , , , , |
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Let’s talk about Cybercrimes

We’re creating a space for interested people and stakeholders to come and talk about cybercrimes in the South African context. This is important because fighting crime takes a coordinated effort between the prosecuting authority, the police, forensic experts, lawyers [...]

By |2023-05-31T16:58:45+02:00May 31st, 2023|Categories: Cybercrime|Tags: , , , |
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South Africa considers establishing a Cyber Commissioner

A member of Parliament in South Africa has proposed a Cyber Commissioner Bill to create a Cyber Commissioner to centralise cyber matters as a specific responsibility within the government. Adv G Breytenbach, a member of Parliament, has proposed the Constitution [...]

By |2025-03-03T12:19:26+02:00May 16th, 2023|Categories: Access to Information, Cybercrime, POPI and Data Protection|Tags: |
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AU Convention on Cyber Security and Personal Data Protection | Malabo Convention

In 2014, the African Union (AU) Convention on Cyber Security and Personal Data Protection adopted a legal framework for addressing cybercrime and data protection in Africa. The Convention is also known as the Malabo Convention and several African countries signed [...]

By |2025-06-02T08:03:30+02:00April 24th, 2023|Categories: Cybercrime, Cybersecurity Law, POPI and Data Protection|Tags: , , , |
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S v Phungula | Theft of personal data

In S v Phungula, the Specialised Commercial Crimes Court convicted Phungula of theft of personal data. The court found Phungula guilty of fraudulently obtaining the personal data of more than 23 million people and business-related data of almost 800 000 [...]

By |2023-03-30T15:36:59+02:00March 28th, 2023|Categories: Cybercrime|Tags: , |
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Gerber v PSG Wealth Financial Planning | BEC

The main legal issue involved the court determining whether the investment company (PSG Wealth Financial Planning) had a contractual obligation to protect their client (Gerber) against financial losses caused by cybercrime, specifically when a fraudster hacked the client's email and [...]

By |2025-09-21T22:16:14+02:00March 23rd, 2023|Categories: Cybercrime|Tags: , , , , , |
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Safi v Gascoigne | BEC

In Safi v Gascoigne, Safi sued Gascoigne Randon and Associates, a conveyancing firm, for a loss of R889,308.50 from a business email compromise (BEC).  Who should care about this judgment and why? The public because they need to be aware [...]

By |2024-02-20T14:01:49+02:00March 6th, 2023|Categories: Cybercrime, Cybersecurity Law, POPI and Data Protection|Tags: , , , , , , , , , |
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Hartog v Daly | Opening a bank account

In Hartog v Daly, the court held Hartog liable for monies that he paid into a fraudster's bank account. The fraudster unlawfully intercepted an email communication between Hartog and his client by sending Hartog an email with instructions to [...]

By |2023-04-03T15:16:52+02:00January 24th, 2023|Categories: Cybercrime|Tags: , , , , |
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