PART IV
ELECTRONIC EVIDENCE
Admissibility
of Electronic
Evidence
27.
(1) In proceedings for an offence against a law of the Kingdom of Lesotho,
the fact that evidence has been generated from a computer system shall not
by itself prevent that evidence from being admissible.
(2) The provisions of the [Electronic Transactions and Communication Act
Number …of 2013] shall apply to this Part.
PART V
PROCEDURAL LAW
Search and
Seizure
28.
(1) If a magistrate is satisfied on the basis of an application by a police
officer supported by affidavit that there are reasonable grounds or to
suspect or to believe that there may be in a place a thing or computer
data:
(a) that may be material as evidence in proving an offence; or
(b) that has been acquired by a person as a result of an offence;
the judge or magistrate may issue a warrant authorizing a [law
enforcement or police officer, with such assistance as may be necessary,
to enter the place to search and seize the thing or computer data including
search or similarly access:
i) a computer system or part of it and computer data stored therein; and
ii) a computer-data storage medium in which computer data may be
stored
in the territory of Lesotho.
(2) If a police officer that is undertaking a search based on Section 28(1)
has grounds to believe that the data sought is stored in another computer
system or part of it in its territory, and such data is lawfully accessible
from or available to the initial system, he shall be able to expeditiously
extend the search or similar accessing to the other system.
(3) A police officer that is undertaking a search is empowered to seize or
similarly secure computer data accessed according to sub-sections (1) or
(2).