2  No. 44651 GOVERNMENT GAZETTE, 1 June 2021 Act No. 19 of 2020 Cybercrimes Act, 2020 2 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President) (Assented to 26 May 2021) ACT To create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes; to provide for the establishment of a designated Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations to report cybercrimes; to provide for capacity building; to provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes; to delete and amend provisions of certain laws; and to provide for matters connected therewith. P ARLIAMENT of the Republic of South Africa enacts, as follows:— ARRANGEMENT OF SECTIONS Sections CHAPTER 1 5 DEFINITIONS AND INTERPRETATION 1. Definitions and interpretation CHAPTER 2 CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING AND ORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS 10 PART I: CYBERCRIMES 2. 3. 4. 5. Unlawful access Unlawful interception of data Unlawful acts in respect of software or hardware tool Unlawful interference with data or computer program This gazette is also available free online at www.gpwonline.co.za 15