18
(b)
a computer device;
(c)
a computer network;
(d)
a database;
(e)
a critical database;
(f)
an electronic communications network; or
(g)
a National Critical Information Infrastructure,
is guilty of an offence.
(2)
Any person who is found in possession of malware in regard to
which there is a reasonable suspicion that such malware is possessed for the purposes
of unlawfully and intentionally causing damage to—
(a)
data;
(b)
a computer device;
(c)
a computer network;
(d)
a database;
(e)
a critical database;
(f)
an electronic communications network; or
(g)
a National Critical Information Infrastructure,
and who is unable to give a satisfactory exculpatory account of such possession, is
guilty of an offence.
(3)
Any person who contravenes the provisions of subsection (1) or (2)
is liable, on conviction—
(a)
in the case of a contravention of the provisions of subsection (1)(a), (b), (c), (d) or
(f) or (2), 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)(e) or (g) to a fine
not exceeding R10 million or to imprisonment for a period not exceeding 10 years
or to both such fine and imprisonment.