A Comparative Critique of the Cybercrimes Act 19 of 2020: Positioning South Africa vis-à-vis Australia

Abstract

Proceeding from the twin premises that international cooperation is essential to fight cybercrimes effectively and the need to make South African legislation more robust, I consider the provisions of the Budapest Convention on Cybercrime as well as the African Union’s Convention on Cyber Security and Personal Data Protection for guidance. As I am particularly interested in examining international ideas that could enhance the cyber preparedness of the South African cyber ecosystem so as to assess the strengths and weaknesses of South Africa’s Cybercrimes Act in a comparative, international context, with particular reference to Australia. I argue that it is necessary to view the international scene with reference to both the Budapest Convention and the African Union’s Convention in order to situate the Australian experience in proper perspective. Cybersecurity and awareness are after all a team sport.  Apart from the valuable insights gained from the Budapest Convention on Cybercrime and the African Union’s Convention on Cyber Security and Personal Data Protection (notably the East African experience), I found an examination of Australian policy and practice to be particularly invigorating. In particular, I found three lessons gathered from the Australian experience prudent to enhance the South African cyber environment and legislation. These are the formation of a pro-active new (federal) task force (comprising 100 of the top cyber experts in Australia) by the federal government, making payment of a ransom demand illegal and ensuring that the retention of sensitive personal data be curtailed as much as possible (to prevent its exposure after a hack). I conclude the piece by expressing the hope that this contribution might inspire cyber criminologists to explore other profitable angles within the international frame.