The Application of Section 8 of Cybercrimes Act 19 of 2020 in Civil Procedure in South Africa is a Hailing Snow: A Comparative Studies between South Africa and United Kingdom

Abstract

In South Africa the legislature passed a statute that regulates cyber fraud that is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include cyber fraud. The commission of cyber fraud in Civil Procedure constitutes a cause of action that enables the victim to claim for damages. It is not clear in terms of Cybercrimes Act whether the victim may institute proceedings whilst the matter is pending before the court in criminal proceedings or after the perpetrator is convicted. This raises a question on the application of the two common law principles that the defendant may raise as a special plea. Thus, res judicata and lis pendens may be raised as a special plea to prevent the victim of cyber fraud from receiving compensation for damages suffered. This prejudices the victims because some of the consequences that result from cyber fraud are dire to the victim. For example, the victim may loose money, property and may psychologically be affected as a result of cyber fraud. This article follows a qualitative research methodology that is based on an analysis in jurisprudence. Thus, the article looks at section 8 of the Cybercrimes Act, judicial precedent, as well as scholarly views shared by various authors to determine the gap. The author provides a solution, as well as recommendations that will ensure that the victims have a recourse in Civil Procedure. Moreover, there is evidence that proves that cyber fraud does exist in jurisdictions such as the United Kingdom. The article examines the legal position of cyber fraud in the United Kingdom and does a comparative studies between South Africa and the United Kingdom.