20
(3)
Any person who contravenes the provisions of subsection (1) or (2),
is liable, on conviction to a fine not exceeding R 5 million or to imprisonment for a
period not exceeding 5 years or to both such fine and imprisonment.
(4)
For purposes of this section “passwords, access codes or
similar data and devices” means without limitation—
(a)
a secret code or pin;
(b)
an image;
(c)
a security token;
(d)
an access card or device;
(e)
a biometric image;
(f)
a word or a string of characters or numbers; or
(g)
a password,
used for electronic transactions or user authentication in order to access data, a
computer device, a computer network, a database, a critical database, an electronic
communications network, or a National Critical Information Infrastructure or any other
device or information.
Computer related fraud
11.
(1)
Any person who unlawfully and intentionally, by means of data or a
data message, makes a misrepresentation which—
(a)
causes actual prejudice; or
(b)
which is potentially prejudicial,
to another person is guilty of the offence of computer related fraud.
(2)
(a)
A court which convicts a person of an offence in terms of
this section, may impose any sentence, as provided for in section 276 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and
which is within that court‟s penal jurisdiction.