INTERPRETING THE PROVISIONS OF THE CYBERCRIMES ACT 19 OF 2020 IN THE CONTEXT OF CIVIL PROCEDURE: A FUTURE JOURNEY

Abstract

It is accepted nowadays that cyberspace is used extensively to commit cybercrimes and cybersecurity offences. Victims of cybercrime can use civil procedure to institute claims for damages. Civil procedure is a branch of law that allows victims of cyberspace crimes to institute claims for damages. This article examines the impact of the Cybercrimes Act 19 of 2020 (Cybercrimes Act) on South African civil procedure. It appears that a contravention of the Cybercrimes Act may result in financial problems for the plaintiff, which then enables the latter to institute a civil claim against the defendants. The authors determine whether contravening the provisions of the Cybercrimes Act gives rise to a cause of action that permits the plaintiff to institute civil proceedings for damages suffered. While the Cybercrimes Act is lauded for its provisions addressing cybercrime, room for improvement is identified. Lastly, the authors conduct a comparative analysis between the provisions of the Cybercrimes Act and the Budapest Convention.