, LCR4805 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 2025; 100% correct solutions
and explanations.
QUESTION 1
1. Introduction
The rise of the digital era has fundamentally changed the way
society perceives and interacts with information. While tangible
items have historically been the subject of theft, questions now arise
regarding whether intangible assets, such as data or information, can
be “stolen” under South African law. The issue is not whether it is
physically possible to misappropriate information but whether the
legal framework has evolved to address such challenges. This
discussion begins with the common law definition of theft,
examines whether South African law accommodates the stealing of
information, and explores comparative approaches in other
jurisdictions.
2. The Common Law Definition of Theft
At common law, theft in South Africa is defined as the unlawful and
intentional appropriation of movable, corporeal property belonging
to another with the intention to deprive the owner permanently
(Snyman, 2014:483). The requirement that the subject of theft must
be corporeal (tangible) excludes incorporeal property, such as
intellectual creations, goodwill, and information. This limitation
stems from Roman-Dutch law, where corporeality was essential to
distinguish property capable of physical removal.
Consequently, under traditional common law, information in its
abstract form cannot constitute property susceptible to theft. What
Semester 2 2025 - DUE 2025; 100% correct solutions
and explanations.
QUESTION 1
1. Introduction
The rise of the digital era has fundamentally changed the way
society perceives and interacts with information. While tangible
items have historically been the subject of theft, questions now arise
regarding whether intangible assets, such as data or information, can
be “stolen” under South African law. The issue is not whether it is
physically possible to misappropriate information but whether the
legal framework has evolved to address such challenges. This
discussion begins with the common law definition of theft,
examines whether South African law accommodates the stealing of
information, and explores comparative approaches in other
jurisdictions.
2. The Common Law Definition of Theft
At common law, theft in South Africa is defined as the unlawful and
intentional appropriation of movable, corporeal property belonging
to another with the intention to deprive the owner permanently
(Snyman, 2014:483). The requirement that the subject of theft must
be corporeal (tangible) excludes incorporeal property, such as
intellectual creations, goodwill, and information. This limitation
stems from Roman-Dutch law, where corporeality was essential to
distinguish property capable of physical removal.
Consequently, under traditional common law, information in its
abstract form cannot constitute property susceptible to theft. What
