Aligning the constitutional rights of citizens with cybersecurity measures in South Africa

Abstract

The growth of Information and Communication Technologies (ICT) and the internet (referred to as cyberspace) have enabled the world to be more connected than ever before. Moreover, the increased number of people accessing cyberspace has enabled people to access information and services instantly at increased levels. However, along with the growth of cyberspace came malevolent actors and threats that threatened the well-functioning of computer networks, financial markets, and governments' services and security. As a result, many countries have taken measures to curb cyber threats. Likewise, South Africa has also enacted a number of cybersecurity measures to thwart cyber threats and create a secure cyberspace for itself. However, cybersecurity measures taken by states, may have implications on the constitutional rights of their citizens. South Africa is no exception in this regard as this study demonstrates. This study assesses and highlights the cybersecurity measures in South Africa and how these measures impact on the constitutional rights of South Africans, especially the right to privacy. The study indicates that such impacts are more likely to happen if the state introduces cybersecurity measures from a realist approach-driven and state security-centric perspective. Finally, recommendations were provided to align cybersecurity measures in South Africa with the constitutional rights of its citizens.