70
GOVERNMENT
2GAZETTE,
No. 23708
Act No. 25,2002
AUGUST 2002
ELECTRONIC COMMUNICATIONS
AND
TRANSACTIONS ACT. 2002
(a) therequestingbodymustapplytotheDepartmentforassistance
in the
prescribed manner; and
(b) the Department may authorise such assistance on certain conditions.
Power to inspect, searchand seize
82. (1) A cyber inspector may, in the performance of his or her functions, at any
5
reasonable time, without prior notice and on the authority of
a warrant issued in terms
of section 83( l), enter any premises or access an information system that has a bearing
on an investigation and(a) search those premises or that information system;
(b) searchanypersononthosepremises
if there are reasonablegrounds for 10
believing that the person has personal possession of an article, document or
record that has a bearing on the investigation;
(c) take extracts from,or make copies of anybook, document or record that ison
or in the premisesor in the information system andthat has a bearing on the
investigation;
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(d) demandtheproductionofandinspectrelevantlicencesandregistration
certificates as provided for in any law;
( e ) inspect any facilities on the premises which are linkedor associated with the
information system and which have a bearing on the investigation;
(f) haveaccess to andinspecttheoperation
of anycomputerorequipment
20
formingpart of aninformationsystemandanyassociatedapparatus
or
material which the cyber inspector has reasonable cause to suspect isor has
been used in connection with any offence;
(8) use or cause to be used any information system or part thereof to search any
data
contained
in
or available
such
information
to
system;
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(h) requirethepersonbywhom
or on whose behalfthecyberinspectorhas
reasonable cause to suspect the computer or information system is or has been
used, or require any person in control
of, or otherwise involved with the
operation of the computer or information system to provide him or her with
such reasonable technical and other assistance as he or she may require for30the
purposes of this Chapter; or
(i) make such inquiries as may be necessary to ascertain whether the provisions
of this Act or any other law on which an investigation is based, have been
complied with.
(2) A person who refuses to co-operateor hinders a person
conducting a lawful search 35
and seizure in terms of this section is guilty of an offence.
(3) TheCriminalProcedure Act,1977(Act
NO. 51 of1977),applieswiththe
necessary changes to searches and seizuresin terms of this Act.
(4) For purposes of this Act, any reference in the Criminal Procedure Act, 1977, to
“premises” and “article” includes an information system as well as data messages.
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Obtaining warrant
83. (1)Any magistrate or judge
may, upon a request from a cyber inspector but subject
to the provisions of section 25 of the Criminal Procedure Act, 1977 (Act No. 51 of
1977), issue a warrant requiredby a cyber inspector in terms of this Chapter.
(2) For the purposes of subsection (I), a magistrate or judge may issue a warrant 45
where(a) an offence has been committed within the Republic;
(b) the subject of an investigation is(i) a South African citizen or ordinarily resident in the Republic; or
(ii) present in the Republic at the time when the warrant is applied for; or
50
(c) information pertinent to the investigationis accessible from within the area of
jurisdiction of the court.
(3) A warrant to enter, search and seize may be issued at any time andmust(a) identify the premises or information system that may be entered and searched;
and
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