Cybercrime Act

Mr Khawula was arrested for contravening the Cybercrime Act and crimen injuria, not for murder or failure to appear in court, according to the cell register and warrant.

“the reason that Mr Khawula is arrested in the end is for contravening the Cybercrime Act and crimen injuria, not because of murder or the other many things that you have said fail to appear in court. It is in fact for the simple crime of contravening the Cybercrime Act and crimen injuria. You accept that ? Because that is what this cell register says. It states why he was arrested, and that is what the warrant was about”

Adv Chaskalson SC asserts that section 13 of the Cybercrime Act, cited as the primary count in the warrant against Mr Khawula, does not create an offence but is a definitions section.

“If one looks at this warrant at page 1133, the primary count is contravening section 13 of the Cybercrime Act. Now, section 13 of the Cybercrime Act does not create an offence. It is, in fact, a definitions section. There is no offence of contravening section 13 of the Cybercrime Act.”

Sergeant Nkosi admits he has not read the Cybercrime Act and initially did not know the legal standing of the allegation against Mr Khawula in relation to it.

“No. ... I have not looked at the Cybercrime Act? Yes, I know. I have noted them down. I will tell you maybe after ...”