Cybercrimes Act, 2020 · Section 24
Jurisdiction
Section 24 explains when South African courts can have jurisdiction over Cybercrimes Act offences, including certain offences with a cross-border connection.
What the section does
Section 24 gives South African courts jurisdiction over Part I and Part II Chapter 2 offences in several circumstances, including where the accused is arrested in the Republic, is a South African citizen or ordinary resident, the offence occurred in the Republic, preparatory or necessary conduct occurred in the Republic, or the offence affects certain people, systems, public bodies or businesses in the Republic.
Key points
- Jurisdiction can exist even when an offence has an international element.
- The section covers certain conduct occurring outside South Africa.
- A prosecution for an offence committed outside the Republic requires written permission from the National Director of Public Prosecutions and must commence before a designated court.
- Special rules also apply to attempts, conspiracy and other forms of participation.
What this means in practice
A scammer or attacker being outside South Africa does not automatically mean South African law is irrelevant. Jurisdiction depends on the statutory requirements.
Important
This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.
Official source
Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.
Cybercrimes Act, 2020 — official PDF