Electronic
286 [ No. 21 of 2009
and
Communications
Transactions
(i) make such inquiries as may be necessary to ascertain
whether the provisions of this Act or any other law on
which an investigation is based, have been complied with.
(2) A person who refuses to co-operate with or hinders a cyber
inspector from conducting a lawful search or seizure under this
section commits an offence and is liable, upon conviction, to a fine
n o t e x c e e d i n g o n e h u n d r e d t h o u s a n d p e n a l t y u n i t s or t o
imprisonment for a period not exceeding one year, or to both.
Cap 88
(3) For purposes of this Act, any reference in the Criminal
Procedure C o d e , to "premises" and "article" includes an information
system as well as data messages.
Warrant to
enter, etc.
96. (1) A court may, on application by a cyber inspector, issue
a warrant.
(2) For the purposes of subsection (1), a court may issue a
warrant w h e r e —
(a) an offence has been committed within Zambia;
(b) the subject of an investigation i s —
(i) a Zambian or ordinarily resident in Zambia; or
(ii) present in Zambia at the time when the warrant is
applied for; or
(c) information pertinent to an investigation is accessible from
within the area of jurisdiction of the court.
(3) A warrant to enter, search and seize may be issued at any
time and shall—
(a) identify the premises or information system that may be
entered and searched; and
(b) specify which acts may be performed thereunder by the
cyber inspector to w h o m it is issued.
(4)
A warrant to enter and search is valid until—
(a) the warrant has been executed;
(b) the warrant is cancelled by the person w h o issued it or in
that person's absence, by a person with similar authority;
(c) the purpose for issuing it has lapsed; or
(d) the expiry of one month from the date on which it w a s
issued.
(5) A warrant to enter and search premises may be executed
only during the day, unless the j u d g e w h o issued it authorises that it
may be executed at any other time.