ICT Policy Africa

17

(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,

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 “interference with computer device,

computer network, database, critical database, electronic communications
network or National Critical Information Infrastructure” means to hinder, block,
impede, interrupt, alter or impair the functioning of, access to, the confidentiality of, the
integrity of, or the availability of a computer device, computer network, database, critical
database, electronic communications network or

National

Critical

Information

Infrastructure.

Unlawful acts in respect of malware

9.

(1)

Any person who assembles, obtains, sells, purchases, possesses,

makes available, advertises or uses malware for the purposes of unlawfully and
intentionally causing damage to—
(a)

data;