The Western Cape Directorate of Public Prosecutions is considering laying charges in terms of the Electronic Communications and Transactions (ECT) Act against the accused "Absa hacker" Johan Jacobus Fourie, who made his fourth court appearance this week.
Advocate Anthony Stephen, who heads up the state`s case against Fourie, says: "We are considering alternative charges, including conspiracy to commit the crimes and charges in terms of the ECT Act."
If the state does lay charges against Fourie, it will be the first time that specific provisions relating to hacking would be used in the country. The ECT Act was signed into law at the end of last year.
In terms of the Act, unauthorised access includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access it. The offence carries a penalty of not exceeding five years in jail.
Fourie`s case has been postponed a number of times as his original defence counsel withdrew after the defendant ran out of money. A new counsel has been appointed and a bail hearing has been set for 29 September.
Fourie is charged with defrauding 10 Absa clients involving about R609 714 between May and July. Most of the stolen funds were spent on consumer goods including 10 laptop PCs, while amounts totalling R76 025 were allegedly deposited into Fourie`s account.
Stephen says the prosecution is still considering bringing charges against other people who were possibly involved with Fourie.
"We still have plenty of time to make up our minds," he says.
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