ICT Policy Africa

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(iii)

receives,

data which is in the possession of the State and which is classified as top secret, 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.
(5)

(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, is guilty of an offence.
(b)

Any person who unlawfully and intentionally—

(i)

possesses;

(ii)

communicates, delivers or makes available; or

(iii)

receives,

data which is in the possession of the State and which is classified as confidential, is
guilty of an offence.
(6)

(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 which is in the possession of the State and which is classified
as secret, is guilty of an offence.
(b)

Any person who unlawfully and intentionally—

(i)

possesses;

(ii)

communicates, delivers or makes available; or

(iii)

receives,

data which is in the possession of the State and which is classified as secret, is guilty of
an offence.