Cyber Forgery & Uttering
How the Cybercrimes Act addresses false data and computer programs created or passed off with an intention to defraud.
The short version
Section 9 creates two related offences. Cyber forgery concerns unlawfully making false data or a false computer program with an intention to defraud and to the actual or potential prejudice of another person.
Cyber uttering concerns unlawfully passing off false data or a false computer program with the same intention to defraud and resulting actual or potential prejudice.
Cyber forgery
The focus is on unlawfully making false data or a false computer program with the intention to defraud another person.
Cyber uttering
The focus is on unlawfully passing off false data or a false computer program as genuine or otherwise presenting it to another person with the intention to defraud.
Why the distinction matters
Creating false digital information and passing that information off are related activities, but section 9 treats them as separate forms of conduct. The required intention and actual or potential prejudice remain important parts of the offence.
Not every inaccurate digital document is cyber forgery
Section 9 specifically requires unlawful conduct and an intention to defraud. An ordinary mistake, typo or inaccurate piece of information should therefore not automatically be described as cyber forgery.
Official source
This page is based on section 9 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.