ICT Policy Africa

27

16.

(1)

(a)

Any person who unlawfully and intentionally performs or

authorises, procures or allows another person to perform a prohibited act contemplated
in section 3(1) or (3), in sofar as it relates to the use of personal information, 4(1), 5(1),
6(1) or (2), 7(1), 8(1), 9(1) or 10(1), in order to—
(i)

gain access, as contemplated in section 4(3), to critical data, a critical database
or a National Critical Information Infrastructure; or

(ii)

intercept data, as contemplated in section 5(3), to, from or within a critical
database or a National Critical Information Infrastructure,

with the intention of directly or indirectly benefiting a foreign state or any person
engaged in a terrorist activity against the Republic, is guilty of an offence.
(b)

Any person who unlawfully and intentionally—

(i)

possesses;

(ii)

communicates, delivers or makes available; or

(iii)

receives,

data contemplated in subsection (1)(a)(ii) or critical data with the intention of directly or
indirectly benefiting a foreign state or any person engaged in a terrorist activity against
the Republic, is guilty of an offence.
(2)

(a)

Any person who unlawfully and intentionally performs or

authorises, procures or allows another person to perform a prohibited act contemplated
in section 3(1) or (3), in sofar as it relates to the use of personal information, 4(1), 5(1),
6(1) or (2), 7(1), 8(1), 9(1) or 10(1), in order to gain access, as contemplated in section
4(3), to, or intercept data, as contemplated in section 5(3), which is in the possession of
the State and which is classified as confidential, with the intention of directly or indirectly
benefiting a foreign state or any person engaged in a terrorist activity against the
Republic, is guilty of an offence.
(b)

Any person who unlawfully and intentionally—

(i)

possesses;

(ii)

communicates, delivers or makes available; or

(iii)

receives,