Cyber Fraud
How South African law addresses fraudulent misrepresentation involving data, computer programs and certain forms of interference.
The short version
Section 8 creates the offence of cyber fraud where a person unlawfully and with the intention to defraud makes a misrepresentation by means of data or a computer program, or through specified interference with data, a computer program, a storage medium or a computer system.
The conduct must cause actual or potential prejudice to another person.
What makes it cyber fraud?
The Act connects the fraudulent misrepresentation to digital information, computer programs or specified forms of interference. The offence therefore deals with fraudulent conduct carried out through or involving computer-related activity.
Misrepresentation
The conduct involves making a false or misleading representation in the circumstances covered by the Act.
Intent to defraud
Section 8 specifically requires an intention to defraud.
Digital means
Data, computer programs and specified interference can form part of the conduct.
Actual or potential prejudice
The conduct must cause actual or potential prejudice to another person.
Cyber fraud is not simply "being scammed online"
Cyber fraud describes a specific criminal offence in the Act. A person losing money online does not by itself establish every element of section 8. The facts and the particular conduct involved matter.
Related offences
Official source
This page is based on section 8 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.