Abstract
Cybersecurity is fundamental to economic growth, inclusion, and human rights
promotion in the digital era; the former must continuously be improved and enhanced.
Cybercrime is estimated to have caused South Africa's economy R2.2 billion in
monetary losses. Using the legislative framework to assess its effectiveness, the study
examines cyber security from a legislative perspective, using a mixed-methods
approach, to affect the qualitative and quantitative dynamics of the study.
The study points out the weak institutional framework prevalent in South Africa to
encourage the South African Government to lead in cyberspace. Cyber security
breaches are divided into two categories: Cybercrime and Cyberattacks. Cybercrime
manifests itself through financial loss, using information and communication
technologies (ICT) to commit crimes. Cyberattacks are about political or social
activism, where perpetrators use ICT technologies for political purposes, targeting
data theft and website defacement through hacktivism. Over-regulation and the
diversity of cybersecurity agencies in South Africa exacerbate the cybersecurity crisis.
Cybercrimes are mainly committed against the banking/financial sector for diagnostic
purposes, while data breaches and political hacktivism apply to South African
government agencies. The fourth industrial revolution (4IR) technology and new
technologies to strengthen cyber security in South Africa is not apparent. Artificial
intelligence will define and influence cybersecurity, as it can act autonomously and is
programmed to detect cybersecurity intrusions and address vulnerabilities at lightning
speed. The presence of AI in cybersecurity is leading to a split in cybersecurity
between AI-driven and non-AI-driven cybersecurity. The use of AI-driven hacks and
cyberattacks by cybercriminals is forcing states to improve cybersecurity with AI.
The study concludes that South Africa should increase/improve its participation and
production of intellectual property in 4IR and cybersecurity to avoid adopting the
perceptions of others. Reliance on imported technologies and systems weakens
cybersecurity and national security when foreign countries build backdoors into their
systems for cyber espionage purposes. Ultimately, law enforcement in South Africa
achieved a conviction rate of over 95 per cent against cybercriminals for four years.