Resumo

LOTTER, C. A Comparative Critique of the Cybercrimes Act 19 of 2020: Positioning South Africa vis-a-vis Australia. PER [online]. 2025, vol.28, n.1, pp.1-32. ISSN 1727-3781.  https://doi.org/10.17159/1727-3781/2025/v28i0a17035.

Proceeding from the twin premises that international cooperation is essential to fight cybercrimes effectively and that there is a need to make South African legislation more robust, I consider the provisions of the Budapest Convention on Cybercrime as well as the African Union's Convention on Cyber Security and Personal Data Protection for guidance. My methodology is poststructuralism, which is suitable for my subject matter as it allows me to even consider contradictory evidence next to uncompromised material. I am particularly interested in examining international ideas that could enhance the cyber preparedness of the South African cyber ecosystem to assess the strengths and weaknesses of South Africa's Cybercrimes Act in a comparative, international context, with reference to Australia. I argue that it is necessary to view the international scene regarding both the Budapest Convention and the African Union's Convention to situate the Australian experience in the proper perspective. Cybersecurity and awareness are, after all, a team sport. Apart from the valuable insights gained from the Budapest Convention on Cybercrime and the African Union's Convention on Cyber Security and Personal Data Protection (notably the East African experience), I find an examination of Australian policy and practice to be particularly invigorating. I find three lessons gathered from the Australian experience prudent to enhance the South African cyber environment and legislation. These are the formation of a proactive new (federal) task force (comprising one hundred of the top cyber experts in Australia) by the federal government, making payment of a ransom demand illegal, and ensuring that the retention of sensitive personal data is curtailed as much as possible (to prevent its exposure after a hack). I conclude the piece by expressing the hope that this contribution may inspire cyber criminologists to explore other profitable angles within the international frame.

Palavras-chave : Cybercrimes; South African regulatory framework; Budapest Convention on Cybercrime; the African Union's Convention on Cyber Security and Personal Data Protection; Australian experience; international cooperation; comparative study; proactive approach.

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