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ARTICLE · 01 AUGUST 2012

SA Anti-hacking Laws Produce Mixed Results

Although there are still loopholes to be plugged, South Africans can take comfort in the country’s relatively robust anti-hacking laws, which allow companies to go in hot pursuit of IT intruders. However, attempts to trace cybercriminals could be stopped in their tracks if the attackers stage cross-border raids from countries where different laws apply.

South AfricaCriminal Law

Although there are still loopholes to be plugged, South Africans can take comfort in the country's relatively robust anti-hacking laws, which allow companies to go in hot pursuit of IT intruders. However, attempts to trace cybercriminals could be stopped in their tracks if the attackers stage cross-border raids from countries where different laws apply.

"On paper at least, South Africa has one of the better anti-hacking regimes," says Dave Loxton, director in the Forensics practice at Werksmans Attorneys.

Currently, the two main anti-cybercrime laws in South Africa are the Regulation of Interception of Communications Act (RICA) and the Electronic Communications Act (ECA).

"By providing a database of 37 million SIM cards, RICA is the first port of call when tracing hackers using mobile phones – which have become the most popular hacking device for cybercriminals everywhere," Loxton says.

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