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




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4.3 Jurisdiction (ECT Act s90)

Jurisdictional challenges are probably the main challenge that cyber prosecutors face in prosecution of cyber-crimes. Section 90 of the Act gives South African courts the jurisdiction to try offences arising from actions where an offence is committed in the republic, any act in preparation for the offence takes place in the republic, any part of the offence is committed in the republic, the result of the offence has effects in the republic, the offence is committed in the republic, by a person carrying on business in the Republic or when the offence is committed on board any ship or craft registered in republic. There is much legal debate however as to whether this provisions in line with International law and the effect of other international treaties on the prosecution of cyber-crimes





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

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