National Small Business Act, 1996 (Act 102 of 1996)
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 3 : Jurisdiction24. Jurisdiction |
| (1) | A court in the Republic has jurisdiction to try any offence referred to in Part I or Part II of Chapter 2, if— |
| (a) | the accused was arrested in the territory of the Republic, on board a vessel, a ship, an off-shore installation or fixed platform, or an aircraft registered or required to be registered in the Republic; |
| (b) | the person to be charged is— |
| (i) | a citizen of the Republic or ordinary resident in the Republic; |
| (ii) | a company, incorporated or registered as such under any law, in the Republic; or |
| (iii) | any body of persons, corporate or unincorporated, in the Republic; |
| (c) | the offence was committed— |
| (i) | in the territory of the Republic; or |
| (ii) | on board a vessel, a ship, an off-shore installation, or a fixed platform, or an aircraft registered or required to be registered in the Republic at the time that the offence was committed; |
| (d) | any act in preparation of the offence or any action necessary to commit the offence or any part of the offence took place— |
| (i) | in the territory of the Republic; or |
| (ii) | on board a vessel, a ship, an off-shore installation or fixed platform, or an aircraft registered or required to be registered in the Republic at the time when the act, action or part of the offence took place; |
| (e) | the offence affects any person, a restricted computer system contemplated in section 11(1)(b), a public body or any business, in the Republic; |
| (f) | the offence was committed outside of the Republic against— |
| (i) | any person who is a citizen of the Republic or ordinarily resident in the Republic; |
| (ii) | a restricted computer system contemplated in section 11(1)(b); |
| (iii) | a company, incorporated or registered as such under any law, in the Republic; |
| (iv) | any body of persons, corporate or unincorporated, in the Republic; or |
| (v) | a government facility of the Republic, including an embassy or other diplomatic or consular premises, or any other property of the Republic; or |
| (g) | the evidence reveals any other basis recognised by law in terms of which the court may assert jurisdiction to try the offence. |
| (2) | Any act alleged to constitute an offence referred to in Part I or Part II of Chapter 2 and which is committed outside the Republic by a person other than a person contemplated in subsection (1), must, regardless of whether or not the act constitutes an offence at the place of its commission, be deemed to have been committed in the Republic if— |
| (a) | that person is extradited to the Republic; or |
| (b) | that person— |
| (i) | is found to be in the Republic; and |
| (ii) | is for one or other reason not extradited by the Republic or if there is no application to extradite the person. |
| (3) | Where a person is charged with attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the person so acted. |
| (4) |
| (a) | A prosecution of an offence referred to in Part I or Part II of Chapter 2, which was committed outside the Republic— |
| (i) | may only be instituted against a person with the written permission of the National Director of Public Prosecutions; and |
| (ii) | must commence before a court designated by the National Director of Public Prosecutions. |
| (b) | The accused must be served with a copy of the written permission and designation and the original thereof must be handed in at the court in which the proceedings are to commence. |
| (5) | The National Commissioner and the National Head of the Directorate, in consultation with the National Director of Public Prosecutions, must issue directives, with which all police officials must comply in the execution of their functions in terms of this Act, regarding the investigation of offences that were committed outside the Republic. |
