n Tydskrif vir die Suid-Afrikaanse Reg - Malicious injury to property caused by a computer virus : regspraak

Volume 2005, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The shortcomings that existed in the South African criminal law to deal with crimes committed in respect of computer software prior to the inception of the Electronic Communications and Transactions Act 25 of 2002 (the act), were highlighted in a case recently heard in the regional court, Johannesburg (the specialised commercial crime court). The act came into operation on 30 August 2002 and one of its main aims is to prevent the abuse of information systems. In this regard extensive provision was made in the act to create new offences and to address procedural difficulties experienced in the investigation and prosecution of cyber crimes (Watney "Die strafregtelike en prosedurele middele ter bekamping van kubermisdaad" 2003 68; Van der Merwe "Computer crime - recent national and international developments" 2003 43; Ebersöhn "A common law perspective on computer-related crimes" 2004 22 and 193).

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