Addressing the growing spectre of cyber crime in Africa : evaluating measures adopted by South Africa and other regional role players

Abstract

Cyber crime is thriving on the African continent. The increase in broadband access has resulted in an increase in internet users. Thus, Africa has become a ‘safe haven’ for online fraudsters. African countries are pre-occupied with attending to pressing issues such as poverty, the Aids crisis, the fuel crisis, political instability, ethnic instability and traditional crimes such as murder, rape and theft, with the result that the fight against cyber crime is lagging behind.The lack of IT knowledge by the public and the absence of suitable legal frameworks to deal with cyber crime at national and regional levels have compounded the problem.

However, attempts are being made by some African countries to address cyber crime. The South African government has taken the lead in introducing cyber legislation to address cyber crime. The ineffectiveness of the South African common law to combat cyber crime, led to the promulgation of the Electronic Communications and Transactions Act, Act 25 of 2002 (ECT). Whilst the advent of the ECT is lauded, there is still room for improvement. To illustrate this, criminal sanctions in terms of section 89 of the ECT have been criticised for not being stringent enough! Recent case law also reveals that the courts are adopting a progressive approach towards cyber crime cases. The South African banking sector is also vulnerable to cyber crime. However, the establishment of initiatives such as the South African Banking Risk Information Centre (SABRIC) and public-private partnerships between government and the IT industry to combat cyber crime in the South African banking sector are welcomed. Although South Africa has adopted the Council of Europe’s Convention on Cyber crime (COECC), it has not ratified the treaty.