Abstract
Cybercrimes have become increasingly harder to combat as technology develops and new methods of crime commission are created. This means that law enforcement has to keep up with an ever-evolving challenge to ensure that South Africa remains safe and secure. This is why legislation such as the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002, Cybercrimes Act 19 of 2020 and the General Intelligence Laws Amendment Act 37 of 2024 were promulgated. These pieces of legislation authorise and guide law enforcement on the use of state surveillance that ensures law enforcement takes a proactive approach to combat cybercrime, and it will allow them to observe suspicious activity or persons before the actual crime commission. However, these pieces of legislation are not without faults, the Amabhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services saw various sections of Regulation of Interception of Communications and Provision of Communications-related Information Act being declared unconstitutional by the Constitutional Court. Additionally, the new General Intelligence Laws Amendment Act has been met with criticism and it is recommended that the use of surveillance tools by law enforcement be improved. South Africa’s state surveillance can also be improved by artificial intelligence equipped tools, which can do tasks in mere seconds in comparison to a human being. However, the use of artificial intelligence is nonetheless also concerning, but with checks and balances and human intervention, it could potentially be a useful addition for law enforcement as it can improve their ability to detect and combat criminal activity. It is important to acknowledge that surveillance tools and artificial intelligence equipped tools will only be effective if members of the police service are adequately trained on the use of such technology and if they possess the necessary qualities to carry out successful investigations such as passion, practicality and a need to uphold the law and justice.