Cybercrime and its impact on extraditions in the Republic of South Africa

Abstract

This study explores several South African cyber laws by comparing them to international precepts of the UK and the US, and determines how they impact on extraditions. The extradition process is largely governed by the dual criminality principle and compliance with the international obligations before a person can be extradited, irrespective of the existence of a treaty. South Africa has acceded to some conventions, but not with others, which decelerates the process of achieving global harmonisation in e-crime. The constant evolvement and capricious nature of cyber infractions may impede the securing of critical data expeditiously due to lack of adroitness and proficiency in law enforcement agencies. The Cybercrimes Bill recently signed into law, on 26 May 202, has been hailed, but criticism renders the pragmatic effect disappointing in the curtailment of online freedom and the perilous criminalisation of false communication. Online crime scenes are not territorially bound and control over cyberspace may be problematic in the absence of global harnessing of cybercrime for an extradition to be workable.