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Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’
As broadband infrastructure investments in developing nations intensify and barriers to accessing the internet diminish, the more they increasingly become the quintessential destination for cybercrime. For their lax cyber laws and general cybercrime illiteracy, developing nations such as South Afric...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2019
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| _version_ | 1867613467479900160 |
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| access_status_str | Open Access |
| author | Gumbi, Dumisani |
| author2 | Ncube, Caroline |
| author_browse | Gumbi, Dumisani Ncube, Caroline |
| author_facet | Ncube, Caroline Gumbi, Dumisani |
| author_sort | Gumbi, Dumisani |
| collection | Thesis |
| description | As broadband infrastructure investments in developing nations intensify and barriers to accessing the internet diminish, the more they increasingly become the quintessential destination for cybercrime. For their lax cyber laws and general cybercrime illiteracy, developing nations such as South Africa, Kenya, and India have become the destination of choice for cybercriminal enterprises. The focus of this dissertation is to comparatively analyse South Africa’s ICT regulatory framework against those of developing and developed nations and to determine its effectiveness in addressing the threat posed by cybercrime. This dissertation hopes to contribute towards establishing a greater understanding and appreciation of the scourge of cybercrime by studying the frameworks, structures, and arrangements, installed to safeguard against the threat of cybercrime in both developing nations, namely Kenya and India, and developed nations, namely the United States of America and the United Kingdom. Some of the key challenges identified in the dissertation, arising from the analysis of South Africa’s cyber laws and policy framework, point to legislation that is out of date and in desperate need of revision, a lack of definitional clarity for cybercrime related terminology, jurisdiction limitations to investigate international cybercrimes, no harmonisation with international laws, standards, and a poor record of implementing strategy and policies. The dissertation concludes that the battle against cybercrime cannot be won without first understanding what cybercrime is. Developing a common understanding of cybercrime and related terminology, and recommends the revision of the necessary ICT strategies, policies, and regulatory frameworks. Concluding international cooperation and mutual assistance agreements to assist with transnational cybercrime investigations and prosecutions is paramount. Establishing cross-sector, intra-ministerial, public-private, and multinational partnerships is also vital to managing the threat of cybecrime. Lastly, this dissertation recommends the development of dedicated cybersecurity and cybercrime mechanisms for the prosecution and safeguarding of the nation’s critical information infrastructure, the mission critical information of corporates and the personal information of citizens against cybercrime. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/29247 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:36:36.909Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/29247 Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ Gumbi, Dumisani Ncube, Caroline Commercial Law As broadband infrastructure investments in developing nations intensify and barriers to accessing the internet diminish, the more they increasingly become the quintessential destination for cybercrime. For their lax cyber laws and general cybercrime illiteracy, developing nations such as South Africa, Kenya, and India have become the destination of choice for cybercriminal enterprises. The focus of this dissertation is to comparatively analyse South Africa’s ICT regulatory framework against those of developing and developed nations and to determine its effectiveness in addressing the threat posed by cybercrime. This dissertation hopes to contribute towards establishing a greater understanding and appreciation of the scourge of cybercrime by studying the frameworks, structures, and arrangements, installed to safeguard against the threat of cybercrime in both developing nations, namely Kenya and India, and developed nations, namely the United States of America and the United Kingdom. Some of the key challenges identified in the dissertation, arising from the analysis of South Africa’s cyber laws and policy framework, point to legislation that is out of date and in desperate need of revision, a lack of definitional clarity for cybercrime related terminology, jurisdiction limitations to investigate international cybercrimes, no harmonisation with international laws, standards, and a poor record of implementing strategy and policies. The dissertation concludes that the battle against cybercrime cannot be won without first understanding what cybercrime is. Developing a common understanding of cybercrime and related terminology, and recommends the revision of the necessary ICT strategies, policies, and regulatory frameworks. Concluding international cooperation and mutual assistance agreements to assist with transnational cybercrime investigations and prosecutions is paramount. Establishing cross-sector, intra-ministerial, public-private, and multinational partnerships is also vital to managing the threat of cybecrime. Lastly, this dissertation recommends the development of dedicated cybersecurity and cybercrime mechanisms for the prosecution and safeguarding of the nation’s critical information infrastructure, the mission critical information of corporates and the personal information of citizens against cybercrime. 2019-02-04T11:57:04Z 2019-02-04T11:57:04Z 2018 2019-02-02T09:04:57Z Master Thesis Masters LLM http://hdl.handle.net/11427/29247 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Gumbi, Dumisani Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| thesis_degree_str | Master's |
| title | Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| title_full | Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| title_fullStr | Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| title_full_unstemmed | Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| title_short | Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’ |
| title_sort | understanding the threat of cybercrime a comparative study of cybercrime and the ict legislative frameworks of south africa kenya india the united states and the united kingdom |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/29247 |
| work_keys_str_mv | AT gumbidumisani understandingthethreatofcybercrimeacomparativestudyofcybercrimeandtheictlegislativeframeworksofsouthafricakenyaindiatheunitedstatesandtheunitedkingdom |