DA Reveals SAPS Is Intentionally Underfunding Cybercrime Investigations As Scams Grow

The Democratic Alliance (DA) has revealed, through a Parliamentary Reply, that the South African Police Service (SAPS) failed to provide any digital forensics training to detectives at the country's highest-crime police stations over the past year. This critical oversight comes amidst a rapid surge in cybercrime, online scams, digital fraud, and identity theft across South Africa. The lack of specialised training severely hampers SAPS's ability to effectively investigate and prosecute sophisticated digital offences, undermining the efficacy of the Cybercrimes Act 19 of 2020 and potentially infringing on citizens' constitutional right to access to justice. This article explores the implications of this underfunding, the current legal framework, and the urgent need for enhanced digital forensic capabilities within law enforcement.

South Africa is grappling with a burgeoning cybercrime epidemic, with online scams, digital fraud, and identity theft escalating at an alarming rate. Recent disclosures by the Democratic Alliance (DA), derived from a Parliamentary Reply, have brought to light a critical deficiency within the South African Police Service (SAPS): a complete absence of digital forensics training for detectives stationed at the nation's 35 highest-crime police stations between April 2025 and February 2026.

This revelation is particularly concerning given that South Africa has been identified as the most targeted African country for cybercrime, accounting for a significant percentage of ransomware attacks and infostealer incidents on the continent. The financial losses incurred by individuals and businesses due to cyberattacks are substantial, estimated at billions of Rands annually. The failure to equip frontline detectives with essential digital forensic skills not only compromises the integrity of investigations but also casts a long shadow over the state's capacity to uphold the rule of law in the digital age, thereby impeding victims' access to justice.

The legal landscape for combating cybercrime in South Africa was significantly bolstered by the partial commencement of the Cybercrimes Act 19 of 2020 on 1 December 2021. This landmark legislation criminalises a wide array of cyber-related offences, including unlawful access, interception of data, interference with computer systems, cyber fraud, and malicious communications. The Act also grants extensive powers to the SAPS for the investigation, search, access, and seizure of articles related to cybercrimes, and mandates the establishment of a designated Point of Contact to deal with cyber-related matters.

Prior to the Cybercrimes Act, some forms of cybercrime were addressed under common law or the Electronic Communications and Transactions Act 25 of 2002, but these proved inadequate in the face of evolving digital threats. The Cybercrimes Act was intended to consolidate and modernise the legal framework, aligning South Africa with international standards. Crucially, Section 55 of the Act explicitly provides for "capacity building" to detect, prevent, and investigate cybercrimes, placing a clear obligation on the state to develop the necessary skills and resources within its law enforcement agencies.

The DA's finding that no digital forensics training was provided to detectives at the country's highest-crime police stations between April 2025 and February 2026 highlights a profound disconnect between legislative intent and practical implementation. This deficiency directly undermines the effectiveness of the Cybercrimes Act, particularly its provisions granting SAPS powers to investigate and seize digital evidence. Without proper training, detectives risk mishandling digital evidence, such as altering metadata by simply turning on a seized phone without a Faraday bag, rendering crucial evidence inadmissible in court.

South Africa faces a severe shortage of specialist cybercrime investigation skills and digital forensic capabilities within SAPS and the Directorate for Priority Crime Investigation (DPCI). This skills gap is exacerbated by the rapid pace of technological advancements, making it challenging for law enforcement to keep pace with sophisticated cybercriminals. While SAPS does have digital forensic capabilities within various units, including Crime Intelligence and DPCI, and a national capability within the Detective Service, the lack of a centralised digital forensic laboratory and insufficient resources remain significant hurdles. The current situation, where only 15 detectives across 35 high-crime stations received financial investigation training, further illustrates a broader systemic skills deficit.

The implications for the justice system are dire. Low conviction rates for cyber offences since the Cybercrimes Act came into effect are primarily attributed to the lack of adequate skills and resources required to investigate the borderless and complex nature of digital attacks and the difficulty in preserving digital evidence. This failure to effectively investigate and prosecute cybercrimes directly impacts victims, many of whom suffer significant financial losses and emotional distress. It also raises concerns regarding the constitutional right to access to justice, enshrined in Section 34 of the Constitution of the Republic of South Africa, 1996, which guarantees everyone the right to have any dispute resolved by the application of law before a court. Ineffective investigations can lead to miscarriages of justice, both for the accused and for victims of crime.

Moreover, the Cybercrimes Act places obligations on electronic communications service providers and financial institutions to report cybercrimes and assist in investigations. However, the efficacy of these reporting obligations is diminished if SAPS lacks the internal capacity to act on the reported information and properly process the digital evidence provided. The ongoing challenges with expired licenses for digital forensic tools within SAPS further compound the problem, potentially allowing defence attorneys to challenge the admissibility of digital evidence and leading to criminals walking free.

The DA's findings underscore a critical vulnerability in South Africa's fight against cybercrime: the intentional underfunding and neglect of digital forensics training within the SAPS. This systemic failure not only compromises the effectiveness of the Cybercrimes Act 19 of 2020 but also leaves citizens exposed to rapidly evolving digital threats and undermines their fundamental right to access to justice. The current approach is unsustainable, as cybercriminals continue to exploit the technological gap within law enforcement.

For legal practitioners, this situation presents significant challenges in advising clients who are victims of cybercrime and in navigating the complexities of prosecuting such offences. The admissibility of digital evidence, the competence of investigators, and the overall capacity of the state to deliver justice in cyber-related matters will remain pertinent issues. It is imperative for the SAPS to urgently prioritise and adequately fund comprehensive digital forensics training programmes for its detectives, invest in up-to-date tools and infrastructure, and foster greater collaboration with cybersecurity experts in the private sector. Without these critical interventions, South Africa risks becoming an increasingly fertile ground for cybercriminals, with severe consequences for its economy, security, and the rule of law.