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LCR4805 Assignment 2 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

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Comprehensively structured LCR4805 Assignment 2 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED. Prepared to a distinction standard with detailed and well-developed responses.. After a fire breaks out in a shopping mall in Pretoria East, South Africa, a popular blog hosted by NetHost Ltd (a South African Internet Service Provider) publishes an article alleging that Mr. Rodgers, a local businessman, paid someone to start the fire. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. The article goes viral and appears in Google search results. As a result of this article, Mr Rodgers suffers reputational damage and loses several clients. a) In order to institute a defamation claim, Mr Rodgers must prove that publication took place. Discuss what the term publication means in this instance and explain when it will take place. In your answer, refer to applicable law. (5) b) Will it make a difference to your answer in (a) above if the article was written in a secret language? Substantiate your answer. (3) c) Can NetHost(Ltd) be compelled to reveal the name and address of the user who has placed the defamatory messages on the internet? Substantiate your answer. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. A traffic officer is accused of corruption after a video of him accepting cash goes viral on Facebook. The video was recorded by a third party without his knowledge. Discuss in detail whether a video obtained from social media can be admissible evidence in court. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. ) Discuss in detail by referring to court cases, legislation (if applicable), and academic commentators (if applicable). Also, refer to the position in other jurisdictions. Karabo consults you as his attorney for advice. An unknown person cloned his bank card and made a withdrawal of R from his bank account. He wants to know whether this person, when he is identified and taken into custody, can be charged with the crime of fraud? Advise him on his options. In your discussion, you should refer to the following: • The definition of fraud. • Whether fraud is possible by making a misrepresentation to a computer terminal. Does the latter have “understanding”? Can it be “misled”? • If fraud will not work, what crime (s) should a person making a withdrawal from someone else’s account with a false card be charged with? In your answer you should refer to the position before and after the Cybercrimes Act 19 of 2020. You should also refer to relevant case law and the opinions of legal commentators. (30) Assessment criteria • This question will be evaluated primarily on the overall content of the answer, the substantiated conclusions and the referencing style used. You will be penalised if you merely “copy and paste” information from the Internet. You have to communicate the information in your own words. • Length restriction: Your answer to Question 1 may not exceed 8 typed pages. More but related content can be acceptable. • To find sources from the library’s databases, you can make use of the LibGuides link: With reference to applicable law, discuss whether this signature is legally enforceable in South Africa. In your discussion, you should highlight the distinction between a basic electronic signature and an advanced electronic signature. Discuss in detail whether communications on social media can be admissible evidence in court. (20) Assessment criteria • This question will be evaluated primarily on the overall content of the answer, the substantiated conclusions and the referencing style used. You will be penalised if you merely “copy and paste” information from the Internet. You have to communicate the information in your own words. • Length restriction: In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. Your answer to A traffic officer is accused of corruption after a video of him accepting cash goes viral on Facebook. The video was recorded by a third party without his knowledge. Discuss in detail whether a video obtained from social media can be admissible evidence in court. may not exceed 5 typed pages. More but related content can be acceptable.In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. To find sources from the library’s databases, you can make use of the ZYP Ltd, a South African company, signed a property transfer agreement valued at 5 million rand using a scanned handwritten signature, which was emailed to the buyer, EP Ltd. With reference to applicable law, discuss whether this signature is legally enforceable in South Africa. In your discussion, you should highlight the distinction between a basic electronic signature and an advanced electronic signature. A traffic officer is accused of corruption after a video of him accepting cash goes viral on Facebook. The video was recorded by a third party without his knowledge. Discuss in detail whether a video obtained from social media can be admissible evidence in court. In June 2023, a senior employee (X) at Smart Bank downloaded confidential client data and saved it on his unsecured personal device. Thereafter, X sent an anonymous email demanding the transfer of 30 million rand to a foreign bank account. He warned that failure to pay the amount would result in the client's information being publicly disclosed online. Smart Bank has consulted you, as their attorney, for advice on the prospects of success against employee X in a criminal matter. Mr. Bruce is a South African citizen who is based temporarily in China. Mr. Bruce intends to buy an apartment based in Johannesburg from Mrs. Willis for investment purposes. Instead of the traditional pen and paper agreement, Mr. Bruce, after receiving the property sale agreement electronically, reviews it and signs it using his smartphone. With reference to the case of Spring Forest Trading v Wilberry(725/130 (2014) ZASCA 178 (21 November 2014) discuss the legal issues surrounding electronic signatures. In your discussion, you should explain what an electronic signature is, whether there are different types of electronic signatures. Moreover, you should indicate whether electronic signatures are legally enforceable in South Africa. A traffic officer is accused of corruption after a video of him accepting cash goes viral on Facebook. The video was recorded by a third party without his knowledge. Discuss in detail whether a video obtained from social media can be admissible evidence in court.

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LCR4805
Assignment 2 Semester 1 2026
Unique number:
Due Date: April 2026
QUESTION 1

1. APPLICABLE LEGISLATION

The main legislation that applies is the Electronic Communications and Transactions Act 25
of 2002 and the Protection of Personal Information Act 4 of 2013. In addition, common law
crimes such as extortion and fraud remain relevant.

The ECT Act creates specific cyber offences relating to unauthorised access, interference
with data, and cyber extortion. The POPI Act regulates how personal information must be
processed and protects data subjects from misuse of their information. Both statutes operate
alongside common law principles.




2. POSSIBLE CRIMINAL OFFENCES

2.1 Unauthorised access to data

Section 86(1) of the ECT Act criminalises intentional access to data without authority. X

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QUESTION 1

1. APPLICABLE LEGISLATION

The main legislation that applies is the Electronic Communications and Transactions
Act 25 of 2002 and the Protection of Personal Information Act 4 of 2013. In addition,
common law crimes such as extortion and fraud remain relevant.

The ECT Act creates specific cyber offences relating to unauthorised access,
interference with data, and cyber extortion. The POPI Act regulates how personal
information must be processed and protects data subjects from misuse of their
information. Both statutes operate alongside common law principles.




2. POSSIBLE CRIMINAL OFFENCES

2.1 Unauthorised access to data

Section 86(1) of the ECT Act criminalises intentional access to data without
authority. X downloaded confidential client data for personal purposes. Even if he
initially had authorised access as an employee, his later use for personal gain makes
the conduct unlawful.1 The principle is that once a person realises that access is no
longer authorised and continues using the data, an offence is committed.

2.2 Unlawful interference with data

Section 86(2) prohibits intentional interference with data in a manner that makes it
ineffective or misused. Although X may not have destroyed the data, copying and
removing it from secure systems compromises its integrity and security. This can
qualify as unlawful interference.2

2.3 Possession and misuse of data for unlawful purposes




1
Electronic Communications and Transactions Act 25 of 2002 s 86(1).
2
Electronic Communications and Transactions Act 25 of 2002 s 86(2).

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