4 laws Ramaphosa has just approved for South Africa
President Cyril Ramaphosa has assented to and signed four new bills into law for South Africa.
The new legislation covers a wide variety of topic including cybercrimes, elections and customary marriages. These changes are outlined in more detail below.
Cybercrimes
The Cybercrimes Act focuses on criminalising the theft and interference of data and brings South Africa’s cybersecurity laws in line with the rest of the world.
The objectives of the act is to:
- Create offences and impose penalties which have a bearing on cybercrime;
- To criminalise the distribution of data messages which are harmful and to provide for interim protection orders;
- To further regulate jurisdiction in cybercrime.
The act also aims to regulate the powers to investigate cybercrimes, to regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes and to provide for the establishment of a 24/7 point of contact.
It imposes obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes. It also provides that the executive may enter into agreements with foreign states to promote cybersecurity.
Some of the online messages which are covered under the act include:
- A message which incites damage to property or violence;
- A message which threatens persons with damage to property or violence;
- A message which unlawfully contains an intimate image.
Elections
The purpose of the Electoral Laws Amendment Act is to streamline the registration of political parties and the elections process.
Among other issues, it provides for the registration of parties in respect of particular provinces, district and metropolitan municipalities and to repeal provisions relating to registration of parties in respect of particular local municipalities.
It also amends the provisions around public access to the voter roll, and allows voters to vote in a district where they are not registered.
Land
The Upgrading of Land Tenure Rights Amendment Act aims to provide for the application for conversion of land tenure rights to ownership.
It will also provide an opportunity for interested persons to object to conversion of land tenure rights into ownership and provide for the institution of inquiries to assist in the determination of land tenure rights.
Customary marriages
The Recognition of Customary Marriages Amendment Act aims to address a Constitutional Court ruling that found that section 7(1) of the Recognition of Customary Marriages Act of 1998 was inconsistent with the Constitution and invalid.
This was because the section limited the right to human dignity and discriminated unfairly on the basis of gender and race, ethnic or social origin against women who entered into polygamous customary marriages before the 1998 Recognition of Customary Marriages Act.
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