Question NW1662 to the Minister of Justice and Correctional Services

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17 July 2023 - NW1662

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

Given the increase in cybercrime experienced in the Republic, what total number of (a) prosecutors, (b) judges and (c) magistrates have training and/ or qualifications in (i) cybercrime and security and/ or (ii) cryptocurrency crime and security; (2) Whether there are any plans to implement further training on (a) cybercrime and (b) cryptocurrency security; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I wish to inform the Hon Member that I have been informed that:

(1)(a) 744 prosecutors have received training in (i) cybercrime and security; and (ii) cryptocurrency crime and security, during the 2021/2022 to 2022/2023 financial years.

(b) Numbers of (b) judges and (c) magistrates, trained, has been referred to the South African Judicial Education Institute at the Office of the Chief Justice, which is mandated to provide training to the High and Lower Court Judiciary. The response is as follows:

(i) Cybercrime and Security

2015/16

Topic

Target audience

#

Cybercrime and Electronic Evidence(ToT)

Judges

12

Cybercrime and Electronic Evidence (ToT)

Judges

10

Cybercrime and Electronic Evidence (ToT)

Judges

8

Cybercrime and Electronic Evidence

Judges

17

Cybercrime and Electronic Evidence (ToT)

District Court Magistrates (DCM)

16

Cybercrime and Electronic Evidence

District Court Magistrates

13

Cybercrime and Electronic Evidence

District Court Magistrates

22

Cybercrime and Electronic Evidence

District Court Magistrates

21

Cybercrime and Electronic Evidence

District Court Magistrates

72

Cybercrime and Electronic Evidence

District Court Magistrates

15

Cybercrime and Electronic Evidence (ToT)

Regional Court Magistrates (RCM)

15

Cybercrime and Electronic Evidence

Regional Court Magistrates

85

Cybercrime and Electronic Evidence

Regional Court Magistrates

29

Note: ToT stands for Train the Trainer course on Cybercrime and Electronic Evidence facilitation skills.

Totals:

Judges: 47

RCM: 129

DCM: 149

2016/17

Topic

Target audience

#

Cybercrime and Electronic Evidence

Judges

19

Cybercrime and Electronic Evidence

Judges

21

Cybercrime and Electronic Evidence

Regional Magistrates

57

Cybercrime and Electronic Evidence

District Court Magistrates

14

Cybercrime and Electronic Evidence

District Court Magistrates

10

Cybercrime and Electronic Evidence

District Court Magistrates

77

Cybercrime and Electronic Evidence

District Court Magistrates

15

Cybercrime and Electronic Evidence

District Court Magistrates

12

Totals:

Judges: 40

RCM: 57

DCM: 128

2017/18

Topic

Target audience

#

Technology used in Cybercrime

Regional Court Magistrates

154

Cybercrime and Electronic Evidence

District Court Magistrates

18

Totals:

RCM: 154

DCM: 18

2019/20

Topic

Target audience

#

Cybersecurity, cyber specific offences and Budapest Convention

District Court Magistrates

17

2020/21

Topic

Target audience

#

Cybercrime and Electronic Evidence

Regional Court Magistrates

52

2021/22

Topic

Target audience

#

Cybercrime and Electronic Evidence

Regional Court Magistrates

49

2022/23

Topic

Target audience

#

Cybercrime and Electronic Evidence

District Court Magistrates

17

Cybercrime Amendment Act 12/2021

District Court Magistrates

14

Totals:

DCM: 31

(ii) Number of Judges and Magistrates trained on cryptocurrency crime and security

2018/19

Topic

Target audience

#

ICT, Cryptocurrency and Organised Crime

Judges

84

Totals:

Judges: 84

2. (a)(b) Yes. In fact, I regard training and capacitation on the management and prosecution of cybercrime and cryptocurrency cybercrime as so important, that I have signed a Cooperation Protocol with the Minister for Europe and Foreign Affairs of the French Republic, to promote such training and capacitation, during June 2023.

(i) Furthermore, 334 Prosecutors have applied to be trained on Cybercrimes at Justice College, during the 2023/ 2024 financial year. Such training will take place during seven (7) planned training sessions.

(ii) In addition, the Cyber Response Committee has planned for training for 60 prosecutors. The training will cover the following:

  1. Basic Cybercrime Investigation;
  2. Financial Investigation triage and techniques;
  3. Overview of digital evidence for prosecutors; and
  4. Mobile device evidence for prosecutors.

(iii) I have great pleasure in announcing that three (3) NPA officials who have undergone intensive training through the FBI’s Law Enforcement Academy in the areas of the Dark Web and crypto investigations, are now also responsible for rolling out training to NPA and SAPS officials. The first such training is scheduled for 17 July 2023.

(iv) Lastly, I have been informed that the NPA’s Specialised Commercial Crimes Unit (SCCU), has recently established its own Training Desk to ensure that specialist training needs are sourced, which includes training at an advanced level in Cyber-crime and crypto currencies. This includes collaboration with the following counterparts and organizations:

  1. The UNODC;
  2. The Office of the US Legal: FBI;
  3. SABRIC; and
  4. FIC.

Plans will also be developed when there is additional budget for refresher training of Judicial trainers by experts.

I therefore wish to assure the Honorable Member that my Ministry and the JCPS Cluster are taking cybercrimes seriously and are addressing these crimes as a priority.

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