It could be you...

July 2025

  |  
Dave Mc Naught

Having a hand-held phone or computer has changed the way crimes can be committed, and the Cybercrimes Act in South Africa no 19/20 codifies what will be regarded as a criminal offence. Just picking up your husband or wife's phone and accessing information without their consent is regarded as a criminal offence. Here are some of them:

1. *Section 2, 3*. It is an offence to access someone’s phone or computer and to view, capture or copy information without authorisation.

2. *Section 4, 5 and 6*. It is an offence to possess or use, modify, delete, intercept or alter someone’s data.

3. *Section 7*. It is an offence to unlawfully acquire, access or pass on any passwords or access codes or pin to someone's data.

4. *Section 8,9,10*. Deals with fraud and cyber crime and extortion which is outlawed.

5. *Section 14, 15*. It is an offence to send any message threatening injury or damage to property to another person.

6. *Section 16*. It is an offence to send an intimate picture of someone identifying them by the image or message to another without their consent.

7. *Section 17*. Anyone who helps or conspires with someone to do any of the above, will also be guilty of an offence.

8. *Section 20*. If a complaint has been lodged with the police in terms of the Act, a complainant may also obtain a restraining order against the alleged offender preventing more harm pending the case being finalised.

You can get the full text if the Cybercrimes Act here:

https://www.gov.za/sites/default/files/gcis_document/202106/44651gon324.pdf

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