Criminal Law
South Africa introduced the Cybercrimes Act 19 of 2020 when it was signed into law in May 2021, but is yet to come into operation. The need for such a law in its form is open to discussion by all stakeholders but there is general consensus of the need to create a regulatory framework to curb the scourges that it was promulgated to provide for and advance cyber security.
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The Cybercrimes Act 19 of 2020 was signed into law in May 2021, and will become effective on the commencement day identified once published in the gazette. The Act seeks to improve security in the cyberspace by codifying activity identified as offences and requiring entities that store communication and financial information to report any activity that amounts to criminality. The need for such a law resonates with the growing use of cyber systems, programs, and applications. In other words there is growing presence of users on the cyberspace everyday and in turn, increase in criminal activity is a natural result.
While the Cybercrimes Act 19 of 2020 seeks to combat cyber crimes, the Protection of Personal Information Act 4 of 2013 (POPIA) seeks to protect the privacy of personal information gathered and processed by responsible parties. In this brief article we will consider the interaction between these two pieces of legislation.
The importance of having an Information Officer in a company has never become so necessary than in the past year or so in South Africa. This period saw the coming into operation of the Protection of Personal Information Act 4 of 2013 (POPIA) and assenting to of the Cybercrimes Act 19 of 2020 by the President.
There is no doubt that the use of the internet and technology is fast growing in many parts of the world. While this does not make it on the news in the developed world, internet use penetration is fast growing even in the most remote of areas in the developing countries.
There are a lot of misconceptions amongst many people with regards to bail, its essence, and proceedings to be specific. In this brief article we will unpack and clear up some of the issues with regards to criminal bails.
In as much as being arrested is not a foregone conclusion of guilt or innocence, bail being granted, or its denial is not proof that one is guilty or not. The question of guilty or not guilty is the determination of the Court upon the finalisation of the case if other avenues are not opted for.
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