The DA wants to amend the Constitution to create a new Chapter 9 institution, the Office of the Cyber Commissioner.
DA MP Advocate Glynnis Breytenbach intends to introduce a private member’s bill, the Constitution Eighteenth Amendment Bill 2022, in Parliament, according to a notice published in the Government Gazette on 9 November.
According to the memorandum published with the notice, cyber technology is increasingly central to government functioning and the provision of services to citizens. Proper cyber security is also fundamental to safeguarding many of the rights enshrined in the Bill of Rights and safeguarding the country’s critical infrastructure and democracy.
“At present, personal information of individuals in possession of state departments is also not sufficiently protected against cyber-attacks. These attacks place private and public information at risk, which results in state-owned entities and the economy losing billions of rands to cyber-crime,” the memorandum says.
“The state-owned entities currently tasked with addressing cyber-crime are chronically underfunded or lack proper expertise to perform their function adequately. In addition, these entities are not sufficiently streamlined, and often operate in silos across government departments.
“It is further vital that an entity that is directly accountable to Parliament and not to the national executive be tasked with safeguarding such fundamental rights.”
The Cyber Commissioner will be tasked with supporting and strengthening constitutional democracy by advising, monitoring and establishing cyber security capabilities in the public sector and will work with tertiary institutions and the private sector to establish minimum good standards, build capacity and create awareness, the DA said.
Chapter 9 of the Constitution mandates the creation of institutions designed to protect and support democracy. Currently, these institutions are the Public Protector; the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; the Commission for Gender Equality; the Auditor-General; the Electoral Commission; and the Independent Authority to Regulate Broadcasting.
The closing date to comment on the draft bill is 8 December. Submissions should be sent to speaker@parliament.gov.za and copied to legislation@da.org.za.
Click here to download a copy of the draft bill.
