Browsing by Author "Mabunda, Sagwadi"
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Item Applying the Gordon & Ford categorisation and the routine activities theory to cybercrime: a suitable target(IIMC International Information Management Corporation, 2017) Mabunda, SagwadiThis article speaks to the societal implications of technology by discussing the problems presented by cybercrime. It identifies a twofold problem. The first is that the proliferation of cybercrime is outstripping the pace at which governments can respond. The second is that there is a tendency to respond to issues relating to cybercrime on a superficial level without the appropriate technical understanding of the elements of cybercrime. This paper proposes that one of the ways of tackling cybercrime is to adopt the Routine Activities Theory, particularly the element of target suitability. This paper proposes that once a suitable target has been identified, the Gordon & Ford categorisation of cybercrimes be adopted as a policy framework for legislation and conventions. It illustrates the proposition by applying the categorisation to the South African Cybercrimes Bill.Item Cryptocurrency: The new face of cyber money laundering(IEEE, 2018) Mabunda, SagwadiVirtual currencies are on the rise and so is money laundering. While there are efforts to combat money laundering through various intergovernmental bodies, many have expressed concern over the rise of virtual currencies. Some cryptocurrencies such as Bitcoin have played a major role in the proliferation of online money laundering as it possesses characteristics that criminals are fond of. Bitcoin and other cryptocurrencies are decentralised, anonymous/pseudonymous and irreversible. They provide the means to skirt the Anti-Money laundering safeguards that have been put in place. This paper discusses the intersection between Anti-Money Laundering efforts and the challenges that are introduced by cryptocurrencies such as Bitcoin. It also looks at the case of Liberty Reserve to highlight these challenges.Item Cyber-laundering and the future of corruption in Africa(University of the Western Cape, 2018) Mabunda, SagwadiCorruption has been given considerable attention as one of the major causes of the socio-economic ills that plague Africa. Statistics reveal that staggering amounts of money are lost annually to corruption. Many discussions about corruption focus on its meaning, its causes and its impact but one pertinent issue goes unexamined: what happens to the money? The answer is money laundering. And while we are trying to grapple with the challenges of today, it is imperative that we consider the troubles that await. This paper discusses the relationship between corruption and money laundering, with a focus on the technique of cyberlaundering. It recommends that regional research units be created to address the issues raised.Item Has the failure to conduct post-Truth and Reconciliation Commission prosecutions in South Africa contributed to a culture of impunity for economic crimes?(University of the Western Cape, 2015) Mabunda, Sagwadi; Fernandez, LovellThe end of Apartheid and the transition to a new constitutional democracy in South Africa was ushered in by the Truth and Reconciliation Commission (TRC). The purpose of the TRC was to promote a dialogue between victims and perpetrators of gross human rights violations to try and achieve reconciliation in the country. To this end, the TRC was given the power to grant conditional amnesty to those who came forward to reveal the full truth to the country about the crimes that they had committed. Those who refused to apply for amnesty or who did apply but were denied amnesty were supposed to be prosecuted. A number of years have passed since the final TRC report was submitted and hardly any prosecutions have taken place. This paper argues, by comparing the transitions in Argentina and Chile to the one in South Africa, that the lack of post-Truth Commission prosecutions in South Africa has contributed to nurturing a culture of impunity for acts of corruption in high offices of state. It argues that in countries transitioning from repressive and authoritarian regimes to democratic governments, prosecutions of gross human rights violations are necessary for the creation and strengthening of the rule of law and a human rights culture. Therefore, the impunity for economic crimes such as corruption is detrimental to democracy.Item Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill(UWC, 2018) Mabunda, SagwadiThis paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly as examples of cyberfraud when they are classified better as ordinary offline fraud. The mere presence of an internet element in the commission of a fraud crime is not enough to elevate the crime to cyberfraud status. Therefore, for an act to be called a cyberfraud crime, it must meet the minimum requirement of being a computer-dependent crime rather than being merely a computer-enabled crime.