Justice and constitutional development minister Mmamoloko Kubayi.
South Africa has become part of 65 United Nations (UN) member states that signed a global treaty aimed at strengthening nations’ collective defences against cyber crime.
The signing, which took place in Vietnam at the weekend, makes way for the United Nations Convention Against Cyber Crime, which that was adopted by the UN General Assembly last year December.
According to the UN, the convention is the first universal framework for investigating and prosecuting offences committed online – from ransomware and financial fraud, to the non-consensual sharing of intimate images.
It also provides UN member states with measures to be undertaken to prevent and combat cyber crime, with the aim to strengthen international cooperation in sharing electronic evidence for serious crimes.
Justice and constitutional development minister Mmamoloko Kubayi, who represented SA at the signing ceremony, said no country can confront cyber crime alone.
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The global treaty establishes a comprehensive framework for mutual legal assistance, harmonisation and capacity-building, ensuring all states are better equipped to prevent, investigate and prosecute cyber offences, she explained.
For SA, much like nations in the global south, the treaty will offer provisions for technical assistance and capacity-building that will help strengthen the country’s institutional capabilities in effectively investigating, prosecuting and adjudicating cyber crime.
“As African countries accelerate digital transformation, they face increasing cyber threats that threaten developmental gains. It is therefore imperative that efforts to combat cyber crime be inclusive, responsive to diverse national contexts, and grounded in international cooperation.
“It is in recognition of these imperatives that SA took the decision to sign the United Nations Convention Against Cyber Crime. Joining the convention would also align SA’s domestic legal framework with international normative standards and complement existing commitments.”
UN secretary-general António Guterres highlighted that cyberspace has become fertile ground for criminals over the years, giving them unprecedented reach and the ability to move at speeds unimaginable just a decade ago.
Guterres listed some of these offences, noting sophisticated scams to defraud families, child sexual abuse material, and businesses, hospitals, and airports being brought to a standstill by ransomware attacks.
“The convention delivers a number of major breakthroughs. One of the most significant is the sharing of digital evidence across borders. This has long been a major obstacle to justice – with perpetrators in one country, victims in another, and data stored in a third.
“The convention provides a clear pathway for investigators and prosecutors to finally overcome this barrier.
“It is also a victory for victims of online abuse. For the first time in any international treaty, the non-consensual dissemination of intimate images is recognised as a criminal offence.
“The convention also encourages strong protections for victims – including access to recovery, compensation and the removal of illicit content. By creating binding obligations, the convention turns our commitments into practical safeguards.”
South African organisations, particularly government entities, have increasingly fallen victim to cyber attacks, raising concerns about the public sector’s cyber security readiness, amid rising global threats.
In January, the South African Weather Service confirmed its ICT systems went down due to a criminal security breach. It revealed its aviation and marine services were affected, as well as e-mails and website.
Additional government entities that have been impacted by cyber attacks include the Department of Justice and Constitutional Development, South African National Space Agency, Transnet and the Companies and Intellectual Property Commission.
Kubayi said the convention reaffirms SA’s commitment to multilateralism, the rule of law and human rights. “We view this instrument not as the end of a process, but as the beginning of a new chapter in global cyber governance, one that must be characterised by ongoing dialogue, transparency and collaboration.
“South Africa stands ready to work with all member states and stakeholders to ensure its effective implementation.
“Looking ahead, SA looks forward to the finalisation of the rules of procedure for the conference of states parties to the convention and underscores the importance of adopting an inclusive approach with all relevant stakeholders to ensure a coordinated approach to combatting cyber crime.
“I urge all member states to sign the United Nations Convention Against Cyber Crime and take the necessary steps toward ratification to ensure its timely entry into force. It is only once the convention is fully operational that we can we decisively combat cyber crime and build cyber resilience.”
