Theft of Incorporeal Property
How section 12 addresses the theft of property that does not have a physical form.
The short version
Section 12 provides that the common-law offence of theft must be interpreted so that it does not exclude the theft of incorporeal property.
What does "incorporeal property" mean?
In broad terms, incorporeal property is property without a physical form. Section 12 is therefore concerned with ensuring that the common law of theft is not interpreted as applying only to physically tangible property.
Why this matters online
Digital activity can involve valuable information, rights or other forms of property that are not physical objects. Section 12 makes clear that the common-law offence of theft must not automatically exclude incorporeal property.
Section 12 is different from the earlier cybercrime offences
Sections 2 through 11 create or address specific cybercrime offences and circumstances. Section 12 instead gives an interpretive direction concerning the existing common-law offence of theft.
Do not treat every copied file as theft
The existence of a digital copy does not by itself establish every element of the common-law offence of theft. Whether conduct amounts to theft depends on the applicable law and the facts of the specific situation.
Official source
This page is based on section 12 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.