ICT Policy Africa

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hardware tool for the purposes of contravening the provisions of section 3(1)(a) or
(2)(a), 4(1), 5(1), 7(1), 8(1), 10(1), 11(1), 12(1) or (2) or 13(1), is guilty of an offence.
(2)
(a)

uses; or

(b)

possesses,

Any person who unlawfully and intentionally—

any software or hardware tool for purposes of contravening the provisions of section
3(1)(a) or (2)(a), 4(1), 5(1), 7(1), 8(1), 10(1), 11(1), 12(1) or (2) or 13(1), is guilty of an
offence.
(3)

Any person who is found in possession of a software or hardware

tool in regard to which there is a reasonable suspicion that such software or hardware
tool is possessed for the purposes of contravening the provisions of section 3(1)(a) or
(c) or (2)(a) or (c), 4(1), 5(1), 7(1), 8(1), 10(1), 11(1), 12(1) or (2) or 13(1), and who is
unable to give a satisfactory exculpatory account of such possession, is guilty of an
offence.
(4)

Any person who contravenes the provisions of subsections (1), (2)

or (3) is liable, on conviction to a fine not exceeding R5 million or to imprisonment for a
period not exceeding 5 years or to both such fine and imprisonment.
(5)

For purposes of this section " software or hardware tools" means

any data, electronic, mechanical or other instrument, device, equipment, or apparatus,
which is used or can be used, whether by itself or in combination with any other data,
instrument, device, equipment or apparatus, in order to—
(a)

acquire, make available or to provide personal information or financial information
as contemplated in section 3(1)(a) or (c), or (2)(a) or (c);

(b)

access as contemplated in section 4(3);

(c)

intercept data as contemplated in section 5(3);

(d)

interfere with data as contemplated in section 7(3);

(e)

interfere with a computer device, computer network, database, critical database,
electronic communications network or National Critical Information Infrastructure
as contemplated in section 8(3); or