• Do you know about the different types of spyware, its dangers and how you can protect yourself? The article published from p15 in Servamus: October 2021, will provide readers with valuable information about this dangerous software.

  • Along with family and colleagues, Servamus pays tribute to police members who have lost their lives in the line of duty – and to COVID-19. Our article published from p44 in Servamus: October 2021 reminds readers about the dangers our members face each day.

  • The Cybercrimes Act 19 of 2020 has been promulgated and will soon come into operation. Our legal discussion will help readers to understand this new legislation and is published from p22 in Servamus: October 2021.

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- S v Msomi 2020 (1) SACR 197 (ECG)

Relevant law
Section 86 of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “the ECT Act”) provides as follows:

“Unauthorised access to, interception of or interference with data
86.(1) Subject to the Interception and Monitoring Prohibition Act, 1992 a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.

(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.

(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.

(4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security, measures designed to protect such data or access thereto, is guilty of an offence.

(5) A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.”

Section 86 of the ECT Act must, of course, be read together with the definition of “data” as it appears in section 1 of the ECT Act, namely that -
“data means electronic representations of information in any form”.

Common law fraud is defined as follows by the learned author Snyman on p531 of his Criminal Law, fifth edition, as published by LexisNexis, namely -
“Fraud is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another”.

Section 4 of the Prevention of Organised Crime Act 121 of 1998 (hereinafter referred to as "POCA") provides as follows:

“Money laundering
4. Any person who knows or ought reasonably to have known that property is or forms part of the proceeds of unlawful activities and -

(a) enters into any agreement or engages in any arrangement or transaction with anyone in connection with that property, whether such agreement, arrangement or transaction is legally enforceable or not; or

(b) performs any other act in connection with such property, whether it is performed independently or in concert with any other person, which has or is likely to have the effect -

(i) of concealing or disguising the nature, source, location, disposition or movement of the said property or its ownership or any interest which anyone may have in respect thereof; or

(ii) of enabling or assisting any person who has committed or commits an offence, whether in the Republic or elsewhere -

(aa) to avoid prosecution; or

(bb) to remove or diminish any property acquired directly, or indirectly, as a result of the commission of an offence, shall be guilty of an offence.”

Discussion
Mr Msomi, the accused, appeared before the Specialised Commercial Court in Port Elizabeth (“the trial court”) where he pleaded guilty on seven counts of white-collar crime-related offences.

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[This is only an extract of the discussion of this court case, published in Pollex in Servamus: October 2021. If you are interested in finding out how you can read the rest of the discussion, send an email to: This email address is being protected from spambots. You need JavaScript enabled to view it.]

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Servamus - October 2021

The Internet has opened up massive communication and business opportunities to billions of people across the globe.
By Kotie Geldenhuys
Cyberspace continues to revolutionise the way we all live, work and play and with it comes great opportunity for economic prosperity, job creation and technological innovation to solve some of the world’s greatest challenges such as tackling COVID-19, which has been a shared challenge across the world.
By Victoria White, First Secretary (Cyber), British High Commission Pretoria and Peter Goodman, Strategic Advisor to the UK Digital Access Programme
As if the protests and looting in KwaZulu-Natal in July 2021 were not enough to paralyse port operations in Durban for more than a week, Transnet, which is responsible for handling the commercial sea route, was also targeted on 22 July 2021 with a strain of ransomware.
Compiled by Kotie Geldenhuys
Whenever the term “forensics” is used, one is reminded about the Locard exchange principle of “every contact leaves a trace” which states that no perpetrator can leave a crime scene without leaving some trace.
By Annalise Kempen

Pollex - October 2021

Background On 31 March 2017, Mr Nolan van Schalkwyk, the accused, and another man (hereinafter referred to as “the second assailant”) attempted to rob the complainant, who was walking towards the Rentech Station in the Belhar area in the Cape Peninsula at around 06:15, while on his way to work. It was still completely dark.
Relevant law Section 86 of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “the ECT Act”) provides as follows:

Letters - October 2021

It’s with great pleasure that I write this e-mail to you.
“GUN FREE SOUTH AFRICA welcomes draft Firearms Control Amendment Bill” When I receive Servamus in the post, at the first opportunity, I remove the wrapping and scan through the contents. Typically, the in-depth reading would take place later.
October Magazine Cover

Servamus' Mission

Servamus is a community-based safety and security magazine for both members of the community as well as safety and security practitioners with the aim of increasing knowledge and sharing information, dedicated to improving their expertise, professionalism and service delivery standards. It promotes sound crime management practices, freedom of speech, education, training, information sharing and a networking platform.