GOVERNMENT
23708
74
No.
Act No. 25,2002
GAZElTE, 2 AUGUST 2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
(2) A person who performs any of the acts described in section 86 forthe purpose of
obtaining any unlawful advantage by causing fake data to be produced with the intent
that it be considered or acted upon as if it were authentic, is guilty of an offence.
Attempt, and aiding and abetting
88. (1) Aperson who attempts to commit any of the offences referred to in sections 86 5
and 87 is guilty of an offence and is liable on conviction to the penaltiesset out in section
89(1) or (2), as the case may be.
(2) Any person who aids and abets someone to commit any of the offences referredto
in sections 86 and 87 is guilty of an offence and is liable on conviction to the penalties
set out in section 89( 1) or ( 2 ) , as
case
the
may be.
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Penalties
89. ( 1 ) A person convicted of an offence referred to in sections 37(3), 40(2), 58(2),
80(5). 82(2) or 86(1), (2) or (3) is liable to a fine or imprisonment for a period not
exceeding 12 months.
(2) A person convicted of an offence referred to in section 86(4) or ( 5 ) or section 87 15
is liable to a fine or imprisonment for a period not exceeding five years.
CHAPTER XIV
GENERAL PROVISIONS
Jurisdiction of courts
90. A court in the Republic trying an offence in terms of this Act has jurisdiction 20
where(nj the offence was committed in the Republic;
(bj any act of preparation towards the offence or any part of the offence was
committed in the Republic,or where any result of the offence has had an effect
in the Republic;
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(c) the offence was committed by aSouth African citizen or a person with
permanent residence in the Republic
or by a person carrying on business in the
Republic; or
(d) the offence wascommitted on board any ship or aircraftregistered in the
Republic or on a voyage or flight to or from the Republic at the time that the 30
offence was committed.
Saving of common law
91. This Chapter does not affect criminal or civil liability in terms of the common law.
Repeal of Act 57 of 1983
92. The Computer
Evidence
1983,
Act.
is hereby repealed.
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Limitation of liability
93. Neither the State, the Minister, nor any employee of the State is liable in respect
of any act or omission in good faith and without gross negligence in performing a
function in terms of this Act.
Regulations
94. The Minister may make regulations regarding any matter that may or must be
prescribed in terms of this Act or any matter which it is necessary or expedient to
prescribe for the proper implementation or administration of this Act.
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