Debates are ongoing in the country regarding the feasibility of creating a cyber commissioner position, which some experts believe could duplicate the functions of the existing information regulator.
Questions are being raised over the feasibility of the establishment of the Cyber Commissioner Bill, officially known as the Constitution Twentieth Amendment Bill, in South Africa.
The Bill was introduced to Parliament in 2023 by Glynnis Breytenbach, a former prosecutor for the National Prosecuting Authority and an MP for the Democratic Alliance.
It seeks to amend the Constitution of the Republic of South Africa, to require national legislation to be enacted to establish a Cyber Commissioner as an independent Chapter 9 institution.
Furthermore, the Bill stipulates that the Cyber Commissioner would be key in safeguarding basic human rights as entrenched in the Constitution, and will possibly replace the role and responsibilities of the Information Regulator over time.
It states that South African government departments and critical infrastructure, at present, are not sufficiently protected against cyber threats, and state departments are also not properly equipped to protect sensitive public information against hacks.
According to the Bill, the current legislation dealing with cybersecurity is either insufficient, or only deals with the consequences.
Last week, the parliamentary portfolio committee on justice and constitutional development heard submissions from stakeholders on the proposed law.
There is ongoing debate within the expert community regarding the creation of a cyber commissioner position, which some specialists believe could lead to a duplication of powers with the existing information regulator. The Department of Communications and Digital Technologies (DCDT) already operates a Cyber Security Hub.
The proposal to establish a cyber commissioner also raises concerns about financial feasibility, given the high costs associated with creating and maintaining a new institution.
Source: ItWeb
