President Salva Kiir on Feb. 18, 2026, signed into law a comprehensive framework to combat digital crime. While the Cybercrime and Computer Misuse Act 2026 defines various offenses, Chapter IV introduces extensive state powers for investigating and prosecuting cybercrimes, centered on a new specialized unit.
National Cybercrime Prosecution Unit
The Act establishes the National Cybercrime Prosecution Unit under the Ministry of Justice and Constitutional Affairs. The unit is tasked with investigating and prosecuting cyber offenses and other violations under the law. The Minister of Justice determines its composition and the professional qualifications required of its staff.
Data Preservation and Disclosure
To prevent the loss of digital evidence, the Act allows the unit to demand the “expedited preservation” of traffic data:
- Preservation Orders: If there are reasonable grounds that data is needed for a criminal investigation, the unit can order individuals or entities controlling that data to keep it accessible.
- Partial Disclosure: Authorities may require disclosure of enough traffic data to identify service providers and trace the path of communications.
- Duration: Preserved data must be maintained for up to 90 days while ensuring its integrity.
Production Orders and Search Powers
The Act gives the unit authority to seek court orders compelling the production of digital evidence:
- Production Orders: Courts may require individuals or service providers in South Sudan to submit computer data or subscriber information.
- Search and Seizure: With a court-issued warrant, investigators can enter premises to search for and seize computer systems or data storage media. They may also make and retain copies of relevant computer data.
Real-Time Collection and Interception
The Act grants the most intrusive powers for real-time monitoring, which require a judicial order from a Judge in Chambers:
- Traffic Data: Authorities can collect or record traffic data associated with specified communications within South Sudan in real-time.
- Content Interception: For serious investigations, the unit may seek court approval to intercept or record the actual content of communications.
- Service Provider Cooperation: Providers may be legally compelled to assist, and the existence of these measures must remain confidential.
Deletion and Limited Use
The Act also addresses unlawful digital content and the handling of collected information:
- Deletion Orders: Courts may order that computer data containing unlawful material or activities be deleted or destroyed.
- Limited Use: Data obtained under these powers is restricted to criminal investigation or prosecution, unless otherwise permitted by law or court order.