Cyber Crime in South Africa – Hacking, cracking, and other unlawful online activities




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6. Conclusion
Most of the Cyber-crime provisions in the ECTA are noble endeavours and seem to cover the known types of cyber crime. It is refreshing to note that the legislature did not make cyber crimes an abstract concept of legal writing and logically created crimes that do not only cover crime after the advent of the computer but also before the advent of the computer. It is also refreshing that the mere attempt of these crimes also constitutes a criminal transgression. South Africa as well as countries like Nigeria and Egypt has taken legislative arms to deal with these new crimes. The crimes as stated in the ECTA are however not exempt from scrutiny. The enforceability of the ECTA provisions are still to be tested in our South African courts and some legal practitioners and adjudicators (magistrates and judges) need to be educated and mentally conditioned to embrace the cyber crime provisions of the ECTA. Given the borderless nature of the internet and the challenges it poses in terms of jurisdictional questions, international co-operation and uniformity, it is of the utmost importance that States learn from each other’s efforts to deal with Cyber-crime and create an international Cyber-crime code to be applied universally if any significant success is to be achieved in combating Cyber-crime.



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Cyber Crime in South Africa – Hacking, cracking, and other unlawful online activities

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