Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Fewer stores, more Bash: TFG's online pivot gathers pace

      Fewer stores, more Bash: TFG’s online pivot gathers pace

      6 November 2026
      Tesla pulls the plug on the Cybertruck

      Tesla pulls the plug on the Cybertruck

      6 November 2026
      AA boss gives South Africa's car industry five years - Bobby Ramagwede

      AA boss gives South Africa’s car industry five years

      6 November 2026
      AI's black box may not be so black after all

      AI’s black box may not be so black after all

      6 November 2026
      Big wind farms drive a surge in private power registrations

      Big wind farms drive a surge in private power registrations

      6 November 2026
    • World
      John Ternus faces first big test as Apple CEO - John Ternus

      John Ternus faces first big test as Apple CEO

      2 November 2026
      Alleged Israeli spy company heavily targeted Starlink users

      How online ads were used to hunt Starlink users

      28 October 2026
      Anthropic's IPO stands alone

      Anthropic’s IPO stands alone

      23 October 2026
      PHP flaws trigger global scramble as hackers pounce

      PHP flaws trigger global scramble as hackers pounce

      22 October 2026
      OpenAI turns the tables on Apple in trade secrets fight

      OpenAI turns the tables on Apple in trade secrets fight

      15 October 2026
    • In-depth
      Ducking hell: inside Apple's hidden list of words the iPhone won't suggest

      Ducking hell: inside Apple’s hidden list of words the iPhone won’t suggest

      6 November 2026
      Why investors are souring on Netflix

      Why investors are souring on Netflix

      22 October 2026

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
    • TCS
      TCS+ | Old Mutual's Celiwe Ross on leading people through AI - Old Mutual

      TCS+ | Old Mutual’s Celiwe Ross on leading people through AI

      6 November 2026
      TCS+ | How the Apple ecosystem drives productivity for SMEs - Sudesh Pillay iStore and Kevin McLennan

      TCS+ | How the Apple ecosystem drives productivity for SMEs

      6 November 2026
      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      TCS+ | Vox on AI, data rules and omnichannel communication for SMEs

      26 October 2026
      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs - Réan van Niekerk, Metacom

      TCS | The Cape Town firm quietly connecting Eskom, Pep and 6 000 ATMs

      23 October 2026
      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf - Jason Oehley and Andre Den Hond

      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf

      22 October 2026
    • Opinion
      AI's boardroom honeymoon is over - Gary Stocks

      AI’s boardroom honeymoon is over

      22 October 2026
      Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

      Before South Africa licenses Starlink, it should look at Ukraine

      21 October 2026
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech and payments
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Electronics and hardware » Let South Africans jailbreak their way to digital sovereignty

    Let South Africans jailbreak their way to digital sovereignty

    South Africans should be free to unlock, modify and connect the digital devices they own, writes Dirk de Vos.
    By Dirk de Vos5 October 2026
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Let South Africans jailbreak their way to digital sovereignty

    The constitutional court’s judgment on the Copyright Amendment Bill has sent the bill back to Parliament. That pause creates an opportunity to fix a provision the court did not rule on: the bill’s ban on bypassing digital locks. South Africa should use it to legalise jailbreaking – the right to unlock, modify and connect the devices and software we own – and take a practical step towards digital sovereignty.

    The bill, which amends the Copyright Act of 1978, was referred to the court by President Cyril Ramaphosa. On 26 June, the court declared a limited number of its sections unconstitutional because they amounted to an arbitrary deprivation of property under section 25 of the constitution. Parliament must cure those defects before the bill can become law.

    Section 28O of the bill outlaws bypassing technological protection measures, the digital locks used to prevent unauthorised access or piracy. It also outlaws making, distributing, selling or importing tools and services designed to get around them. Section 28P sets out a limited list of exceptions. The court found no constitutional problem with section 28O, but while the bill is back before parliament, lawmakers have the chance to revisit the wording of section 28P – and nothing would stop them amending it later, once the bill is law.

    It is consistent with the Competition Commission’s right-to-repair guidelines for the automotive aftermarket

    They should widen it so that bypassing a digital lock is lawful whenever the purpose is lawful: repairing a device, making it work with a competitor’s product, modifying it or moving your data and software to another platform. That would allow a market for third-party add-ons, mods and jailbreaks to develop.

    The argument is Cory Doctorow’s. In an essay on his website, Pluralistic, the Canadian-British author and activist, who coined the term “enshittification”, argues that Canada should not respond to US tariffs on its exports with tariffs of its own. Instead, it should scrap the copyright rules that outlaw bypassing digital locks even for otherwise legal purposes. Those rules give the makers of digital products the legal right to control how consumers use products they own. US Big Tech uses them to limit interoperability and competition by making it illegal to build tools that let users switch platforms or modify their devices.

    This is not legalised hacking

    Article 6 of the EU’s 2001 Copyright Directive (2001/29/EC) imposes similar restrictions on EU countries. In a September 2026 interview with broadcaster Myriam François, Doctorow argues that the UK should secure its Brexit dividend by dumping its limits on jailbreaking and actively encouraging adversarial interoperability: software and devices that work with incumbent Big Tech systems without their permission or co-operation.

    None of this means legalising hacking. This year has shown what unauthorised circumvention looks like. An autonomous OpenAI agent breached a Medicare statistics portal run by Services Australia, getting around the blocks meant to stop it, accessing non-public files and writing data to an internal server. OpenAI agents also escaped their sandbox and broke into Hugging Face’s servers, and AI companies are now probing thousands of security incidents. That is breaking into someone else’s system. Unlocking a phone you own, to run the software you choose, is not.

    South African law already draws that line in principle. The Cybercrimes Act criminalises unlawful and intentional access to a computer system or database, the interception of data, interference with data, programs or systems, and the possession or use of hacking tools with the intention of committing those offences. What is unlawful depends on the circumstances, and the answer can differ depending on whether you ask the owner of the data or the software and cloud providers that owner uses. The copyright bill should not tip that balance against owners by outlawing the removal of a lock on a device they have bought.

    The author, Dirk de Vos
    The author, Dirk de Vos

    This shouldn’t be a difficult step. It is consistent with the Competition Commission’s right-to-repair guidelines for the automotive aftermarket, which allow vehicle owners to have their cars serviced, maintained and repaired by independent providers for non-warranty work without voiding their manufacturer warranties. If we have that right for the cars we buy, why not for our digital devices?

    The case is more urgent than it was a year ago. Relations between South Africa and the US are at a low point. On 29 September, Pretoria formally reprimanded US ambassador Leo Brent Bozell III for the third time in nine months. Commercial ties have so far held up, but there is a difference between claiming sovereignty and being able to assert it, particularly when US President Donald Trump can stand before the UN General Assembly, a body set up to prevent this sort of thing, and claim Venezuela’s oil wealth with the words “to the victor belong the spoils”.

    Parliament can let South Africans start jailbreaking their way out of the digital prisons built in Silicon Valley

    South Africa’s dependence is greatest in the digital realm, where much of the world runs on technology controlled by American companies. Last year, Microsoft cut off the official e-mail account of International Criminal Court chief prosecutor Karim Khan after Trump sanctioned him by executive order, ICC staff told the Associated Press. In a French senate inquiry, a senior Microsoft official admitted that the company cannot guarantee data sovereignty to customers in France or anywhere else, because the US Cloud Act lets the US government obtain data held by US companies wherever it is stored.

    Full digital sovereignty is out of reach. A paper by the Brookings Institution and the Centre for European Policy Studies concludes that full-stack AI sovereignty is structurally infeasible for almost any country, because AI runs across a transnational stack of minerals, chips, cloud infrastructure, data, models and talent. The authors argue instead for “managed interdependence”. Sovereignty in that sense means the ability to act with agency within an interconnected system: to shape how technology is used in your country, to retain real options and to avoid vendor lock-in. South Africa should co-ordinate with other countries and non-US companies to reduce its dependence on US tech, and individuals with the skills to move off American technology should do so.

    At the very least, government should not make that harder. The road to digital sovereignty will be long and tedious, but by rewriting section 28P, parliament can let South Africans start jailbreaking their way out of the digital prisons built in Silicon Valley.

    • The author, Dirk de Vos, is a co-founder of Venture Labs
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Cory Doctorow Dirk de Vos Donald Trump Karim Khan Leo Brent Bozell III Microsoft OpenAI
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleRansomware gang threatens to dump more South African client data
    Next Article Luno says crypto draft may clash with SA’s IMF commitments

    Related Posts

    AI's black box may not be so black after all

    AI’s black box may not be so black after all

    6 November 2026
    Ducking hell: inside Apple's hidden list of words the iPhone won't suggest

    Ducking hell: inside Apple’s hidden list of words the iPhone won’t suggest

    6 November 2026
    CambriLearn parents can now ask AI whether their child went to class

    CambriLearn parents can now ask AI whether their child went to class

    6 November 2026
    Company News
    XLink brings dual-network resilience to eSim

    XLink brings dual-network resilience to eSim

    6 November 2026
    CambriLearn parents can now ask AI whether their child went to class

    CambriLearn parents can now ask AI whether their child went to class

    6 November 2026
    'There was hunger for alternatives': PSET launches at Purcon 2026 - Ebenezer Smith

    ‘There was hunger for alternatives’: PSET launches at Purcon 2026

    6 November 2026
    Opinion
    AI's boardroom honeymoon is over - Gary Stocks

    AI’s boardroom honeymoon is over

    22 October 2026
    Before South Africa licenses Starlink, it should look at Ukraine - Duncan McLeod

    Before South Africa licenses Starlink, it should look at Ukraine

    21 October 2026
    Nonkqubela Thathakahle Jordan-Dyani

    Why cybersecurity is now a national security issue for South Africa

    15 October 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Fewer stores, more Bash: TFG's online pivot gathers pace

    Fewer stores, more Bash: TFG’s online pivot gathers pace

    6 November 2026
    Tesla pulls the plug on the Cybertruck

    Tesla pulls the plug on the Cybertruck

    6 November 2026
    AA boss gives South Africa's car industry five years - Bobby Ramagwede

    AA boss gives South Africa’s car industry five years

    6 November 2026
    AI's black box may not be so black after all

    AI’s black box may not be so black after all

    6 November 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter