Justice publishes draft Cybercrimes and Cybersecurity Bill for public comments

28 Aug 2015

The Department of Justice and Constitutional Development invites the public to comment on the draft Cybercrimes and Cybersecurity Bill.

It is estimated that cyber-related offences are escalating and currently exceed a value in excess of R1 Billion annually. The development of the proposed legislation is a milestone towards building safer communities as envisaged in the National Development Plan. In this regards, government is committed to put in place measures to effectively deal with cybercrimes and address aspects relating to cybersecurity, which adversely affect individuals, businesses and Government alike.

The draft Bill aims to put in place a coherent and integrated cybersecurity legislative framework to address various shortcomings which exist in dealing with cybercrime and cybersecurity in the country, and focuses, among others, on:

  • Creating offences and prescribing penalties related to cybercrime.
  • Regulating jurisdiction, as well as the powers to investigate search and gain access to or seize items in relation to cybercrimes.
  • Regulating aspects of evidence, relative to cybecrimes.
  • Regulating aspects of international cooperation in respect to investigations of cybercrimes.
  • The establishment of various structures to deal with cybersecurity.
  • The identification and declaration of National Critical Information Infrastructures and measures to protect these infrastructures.
  • Creating obligations for electronic communications service providers regarding issues that impact on cybersecurity.

The Bill and a Discussion Document, explaining the proposed amendments, are available for download on the website of the Department of Justice and Constitutional Development, at the following address:  http://www.justice.gov.za/legislation/invitations/invites.htm

Interested parties wishing to comment on the Bill are invited to submit written comments to the Department of Justice and Constitutional Development on or before 30 November 2015. These can be submitted to: cybercrimesbill@justice.gov.za. Submissions can also be faxed to: (012) 406 4632. For information or queries related to submissions, contact Mr S J Robbertse on: (012) 406 4770.

Advocate Mthunzi Mhaga
Spokesperson for the Ministry of Justice and Correctional Services
Cell: 083 641 8141
E-mail: Mediaenquiries@justice.gov.za

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