System Interference
What South African law says about intentionally and unlawfully interfering with computer systems or storage media.
The short version
Section 6 makes it an offence to unlawfully and intentionally interfere with a computer data storage medium or a computer system.
The section focuses on interference with the system or storage medium itself, including its functioning, confidentiality, integrity and availability.
What does system interference include?
Section 6 describes interference as permanently or temporarily altering a resource, or interrupting or impairing specified characteristics of a computer data storage medium or computer system.
Changing a system resource
The Act includes permanently or temporarily altering a resource of a computer data storage medium or computer system.
Disrupting functionality
Conduct that interrupts or impairs the functioning of a computer system or storage medium can fall within section 6.
Affecting confidentiality
Section 6 expressly includes interference with the confidentiality of a computer data storage medium or computer system.
Affecting integrity or availability
Interference with the integrity or availability of a computer system or storage medium is also included.
Why availability matters
A computer system can still physically exist while its availability or functioning has been impaired. Section 6 therefore addresses disruption to the operation of systems, not only physical damage to hardware.
System interference vs data interference
Section 5 focuses on interference with data or a computer program. Section 6 focuses on interference with a computer data storage medium or computer system.
Authorisation matters
The offence requires conduct that is unlawful and intentional. System administration, maintenance, authorised security testing and other legitimate activities should therefore not be treated as automatically criminal merely because they alter or affect a system.
Official source
This page is based on section 6 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.