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Act No. 19 of 2020
South Africa Cybercrimes Act 19 of 2020
Prepared by Shubhank Suman · Last reviewed
IN FORCE (commences on dates fixed by the President by proclamation)
- Legal character
- Statute
- Region
- Africa
- Assent
- 26 May 2021 (Government Gazette No. 44651, 1 June 2021)
What it covers
The Act creates offences relating to cybercrime (unlawful access, interception of data, interference with data and systems, cyber fraud, forgery, extortion and malicious communications), criminalises disclosure of harmful data messages including intimate images, and provides for protection orders, jurisdiction, search, access and seizure powers, expedited preservation of data, mutual assistance, a 24/7 point of contact, and duties on electronic communications service providers and financial institutions to report and preserve information.
Why it matters
It is South Africa's main cybercrime statute, sitting alongside POPIA, and imposes reporting duties on service providers and financial institutions.
Refer to it when
Use it for cyber incidents and offences in South Africa, harmful data messages, police powers to obtain data, or reporting duties of electronic communications service providers and financial institutions.
AI, privacy and cybersecurity relevance
- AI: Low
- Privacy: Moderate
- Cyber: Very High
AI
LOW RELEVANCE
No AI-specific provisions.
Privacy
MODERATE RELEVANCE
Criminalises unlawful interception and disclosure of intimate images.
Cybersecurity
VERY HIGH RELEVANCE
Core cybercrime and cyber-investigation statute.
Applicability
All persons in South Africa, with extraterritorial jurisdiction rules, plus specific duties on service providers and financial institutions.
Current validity
IN FORCE BY PROCLAMATION. The supplied Gazette copy does not show which sections have been proclaimed; check the commencement proclamation for each provision. Read the official PDF on this page for the operative text.
Read first
Definitions → Chapter 1 offences → Chapter 2 malicious communications → investigation powers → reporting obligations.
Provisions / sections covered
Chapter 1 – Cybercrimes
Offences of unlawful access, interception, interference, cyber fraud, forgery and extortion.
Chapter 2 – Malicious communications
Data messages inciting violence or damage, threats and disclosure of intimate images; protection orders.
Chapters 4–5 – Powers to investigate
Search, access, seizure and expedited preservation of data; standard operating procedures.
Reporting obligations
Electronic communications service providers and financial institutions must report offences and preserve information.
Short title and commencement
The Act commences on a date fixed by the President by proclamation in the Gazette.
Subject-matter tags
- Impact assessment
- Enforcement and penalties
- AI cybersecurity
Subject-matter tags describe what the indexed text discusses. They are not legal conclusions.
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Document page in the Knowledge Base - full text or PDF where it is available for this record.
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