The Apple Falling Far From the Tree? Assessing the Law of Encryption in South Africa

Koornhof, Pieter and Perumalsamy, Kessler (2016). The Apple Falling Far From the Tree? Assessing the Law of Encryption in South Africa. IN: Proceedings of the African Cyber Citizenship Conference 2016. Van Niekerk, JF (ed.) Port Elizabeth, South Africa: Nelson Mandela Metropolitan University.


In this article we investigate the legal framework for encryption in South Africa and the instances in which it may be legitimate for a court to compel the decryption of encrypted information to protect the interests of the state. Part I introduces the problems posed by encryption and the challenges it faces today after briefly setting out its historical use. Part II will consider modern encryption, expound upon the terminology germane to encryption and its regulation under the Electronic Communications and Transactions Act 25 of 2002 and The Regulation of Interception of Communications and Provisions of Communications-Related Information Act 70 of 2002. Part III will evaluate the jurisprudence both domestic and foreign on the instances in which governments have sought to have encryption bypassed against challenges of the privilege against self-incrimination and Part IV will evaluate the domestic implications for bypassing encryption with particular regard to the constitutional privilege against self-incrimination.

Divisions: Aston Business School > Law
Aston Business School
Additional Information: © 2016 The Authors
Full Text Link:
Related URLs: http://accconfe ... he-ACCC2016.pdf (Publisher URL)
Published Date: 2016-11-01
Authors: Koornhof, Pieter ( 0000-0002-5976-1109)
Perumalsamy, Kessler



Version: Published Version

| Preview

Export / Share Citation


Additional statistics for this record