South Africa: Proposal to amend Constitution to establish Office of the Cyber Commissioner
On 9 November 2022, Member of Parliament and member of the opposition Democratic Alliance (DA) Advocate Glynnis Breytenbach published a notice in the Government Gazette expressing the intention to introduce the Constitution Eighteenth Amendment Bill, 2022 to establish the Office of the Cyber Commissioner.
The Bill would amend Chapter 9 of the Constitution, which lists and recognises state institutions that support South Africa’s constitutional democracy, to include the Cyber Commissioner. The Cyber Commissioner would be responsible for advising the public sector on cyber security and collaborating with public and private institutions in establishing minimum core standards for cyber security to guard against violations of fundamental rights. The notice highlights that the proposed amendment is underpinned by the proliferation of cyber technology in the functioning of government and the absence of existing protections against cyber-attacks on government departments, as well as the chronic underfunding and lack of expertise in state-owned entities currently tasked with addressing cyber-crime.
Comments on the notice can be submitted by no later than Friday, 9 December 2022.
Comments can be emailed to the speaker of the National Assembly at [email protected] and Advocate Glynnis Breytenbach at [email protected].
The Call for Comments and Notice of Introduction Constitution Eighteenth Amendment Bill can be accessed here.
Please note: The information contained in this note is for general guidance on matters of interest and does not constitute legal advice. For any enquiries, please contact us at [email protected].
