Loading Cyber Conduct…
Please wait while the page loads.
Loading Cyber Conduct…
Please wait while the page loads.
Section 4 deals with the unlawful use or possession of certain software and hardware tools in connection with specified cybercrime offences.
Section 4 makes it an offence to unlawfully and intentionally use or possess a software or hardware tool for purposes of contravening specified provisions of the Cybercrimes Act.
That means the important issue is not simply whether someone has a cybersecurity tool. The section connects the use or possession to an unlawful purpose involving specified offences.
Section 4 covers electronic, mechanical or other instruments, devices, equipment or apparatus, including substantial components, as well as computer programs that are designed or adapted primarily for certain prohibited purposes.
Those purposes include accessing computer systems or storage media, intercepting data, interfering with data or computer programs, interfering with computer systems or storage media, and acquiring, making available or using passwords, access codes or similar data or devices.
Cybersecurity professionals, system administrators, researchers and students may use legitimate security tools for lawful purposes. Section 4 specifically addresses unlawful and intentional use or possession for purposes connected to the offences identified in the Act.
A security tool can have legitimate defensive, testing or administrative uses. The legal question can depend on what the person is doing with it, why it is being used or possessed, and whether the conduct falls within the requirements of section 4.
A tool primarily designed or adapted to facilitate unlawful access can fall within the section 4 definition when it is used or possessed for the prohibited purpose.
Software or hardware primarily designed or adapted to intercept data can also fall within the definition of a software or hardware tool.
The definition also covers tools primarily designed or adapted to interfere with data, computer programs, computer systems or storage media.
The definition extends to tools primarily designed or adapted to acquire, make available or use passwords, access codes or similar data or devices.
Section 4 refers specifically to sections 2, 3, 5, 6 and certain parts of section 7. This connects tool-related conduct to unlawful access, unlawful interception, interference and certain password or access-code offences.
This page is based on section 4 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.