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(a)
a computer device;
(b)
a computer network;
(c)
a database;
(d)
a critical database;
(e)
an electronic communications network; or
(f)
a National Critical Information Infrastructure,
or any part thereof, is guilty of an offence.
(2)
Any person who contravenes the provisions of subsection (1) is
liable, on conviction—
(a)
in the case of a contravention of the provisions of subsection (1)(a), (b), (c), or
(e), to a fine not exceeding R5 million or to imprisonment for a period not
exceeding 5 years or to both such fine and imprisonment; or
(b)
in the case of a contravention of the provisions of subsection (1)(d) or (f) to a fine
not exceeding R10 million or to imprisonment for a period not exceeding 10
years or to both such fine and imprisonment.
(3)
For purposes of this section "interception of data" means the
acquisition, viewing, capturing or copying of data through the use of a hardware or
software tool contemplated in section 6(5) or any other means, so as to make some or
all of the data available to a person other than the lawful owner or holder of the data, the
sender or the recipient or the intended recipient of that data and includes the—
(a)
examination or inspection of the contents of the data; and
(b)
diversion of the data or any part thereof from its intended destination to any other
destination.
Unlawful acts in respect of software or hardware tools
6.
(1)
Any person who unlawfully and intentionally manufactures,
assembles, obtains, sells, purchases, makes available or advertises any software or