LCR4805
Assignment 2
Unique No:801278
Due 2025
, LCR4805
Selected Private and Criminal Law Principles of the Internet
Assignment 2
Semester 2, 2025
Question 1
We live in an “information age” and the question which often arises is whether
information can be stolen. Refer to the common law definition of “theft” and critically
discuss whether the law in South Africa has adapted to keep up with technological
advancements. Discuss comparatively by referring to the positions in other jurisdictions
and include case law, legislation and academic commentary where applicable. (20
marks)
Answer (Structured Outline – expanded into 9–10 pages in final draft):
Introduction
o Define common law theft: unlawful appropriation of another’s property with
intent to permanently deprive.
o Key issue: can intangible information be “property”?
South African Common Law
o Theft traditionally limited to corporeal, movable property.
o Cases: S v Graham 1975 (adoption of electricity as capable of theft); S v
Mintoor 1996 (theft of electricity confirmed).
o However, pure information (data) does not fall neatly into this definition.
Technological Context
o Rise of cybercrime and digital property disputes.
o Gap between old common law and modern realities.
South African Legal Developments
Assignment 2
Unique No:801278
Due 2025
, LCR4805
Selected Private and Criminal Law Principles of the Internet
Assignment 2
Semester 2, 2025
Question 1
We live in an “information age” and the question which often arises is whether
information can be stolen. Refer to the common law definition of “theft” and critically
discuss whether the law in South Africa has adapted to keep up with technological
advancements. Discuss comparatively by referring to the positions in other jurisdictions
and include case law, legislation and academic commentary where applicable. (20
marks)
Answer (Structured Outline – expanded into 9–10 pages in final draft):
Introduction
o Define common law theft: unlawful appropriation of another’s property with
intent to permanently deprive.
o Key issue: can intangible information be “property”?
South African Common Law
o Theft traditionally limited to corporeal, movable property.
o Cases: S v Graham 1975 (adoption of electricity as capable of theft); S v
Mintoor 1996 (theft of electricity confirmed).
o However, pure information (data) does not fall neatly into this definition.
Technological Context
o Rise of cybercrime and digital property disputes.
o Gap between old common law and modern realities.
South African Legal Developments
