Cybercrime in South Africa

The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the Constitution of the Republic of South Africa, 1996 (“the Constitution”). The ECTA and the Bill are to be read in conjunction with the common law […]

WHAT CAN YOU DO ABOUT PUBLIC NUISANCES?

Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender could be liable for a fine, imprisonment or both upon conviction. How is this enforcement of our rights achieved by an ordinary citizen? What is a public nuisance? A public nuisance is […]

TO PROSECUTE OR NOT

An action may be a crime or a delict but where your actions were trivial, a court may decide not to prosecute you or a judge will not entertain a claim against you due to the de minimis non curat lex rule. If you find yourself charged with a minor crime such as theft for […]