(a) a data message has been sent to the person concerned or with the intention
that it is distributed or made available to the public, as the case may be;
(b) the accused causes a data message to be displayed or made available on an
information system or a computer system on which the person concerned or
the public (as the case may be) can view or from which the person concerned
or the public (as the case may be) can retrieve the data message .
(4) No provision of this section is construed so that a person would not be guilty of
an offence if that person would have been guilty of that offence if this section had not been
enacted.
Searches, seizures and forfeiture
69. (1) The provisions of Chapter 2 of the Criminal Procedure Act, 1977 (Act No.
51 of 1977) are construed to relate to computer systems, computer equipment, storage media
or data.
(2) The provisions of the said Chapter are construed, in so far as they relate to the
seizure of data, to authorise the copying of the data, obtaining a print out of that data, or
the seizure of a computer system, other computer equipment or storage medium containing
that data or that can be relevant for the proof of the existence or content of that data.
(3) In addition to the powers conferred by that Chapter, a police officer also has the
powers conferred by this Act.
(4) When a police officer performs any search, he or she may be assisted by any person
who has special knowledge that is relevant for the search.
(5) A police officer, or a person requested by him or her may use a computer system
or access a storage medium to determine any matter that is relevant for the investigation of
an offence.
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