Aggravated Offences
Circumstances that can make certain cybercrime conduct an aggravated offence under section 11.
The short version
Section 11 identifies circumstances in which certain offences become aggravated offences. One category concerns specified conduct involving a restricted computer system. Another concerns specified offences where the person knows or ought reasonably to have known or suspected that the conduct could create particularly serious consequences.
Restricted computer systems
A restricted computer system includes data, a computer program, a storage medium or computer system under the control of, or exclusively used by, a financial institution or an organ of state, including a court, where the system is protected by security measures against unauthorised access or use.
Section 11 applies to specified interception, data interference, system interference and certain password or access-code offences when they concern such a restricted system and the required knowledge or suspicion exists.
Serious consequences
Section 11 also covers certain offences under sections 5, 6 and 10 where the person knows, or ought reasonably to have known or suspected, that the offence would:
Endanger life
Endanger life or cause serious bodily injury or death.
Create serious public risk
Cause a serious risk to the health or safety of the public or a segment of the public.
Create a public emergency
Create a serious public emergency situation.
Important distinction
Section 11 does not create a general rule that every cybercrime is an aggravated offence. It identifies particular offences and particular circumstances in which the aggravated-offence provisions apply.
Prosecution authorisation
The Act provides that prosecution under the aggravated-offence provisions must be authorised in writing by the Director of Public Prosecutions having jurisdiction.
Official source
This page is based on section 11 of the Cybercrimes Act 19 of 2020.
Read the Cybercrimes Act on justice.gov.zaCyber Conduct provides general educational information, not legal advice. The application of the law depends on the facts of an individual situation.