(ii) owing to the confidential nature of the information obtained from the
computers, disks, tapes or other equipment, the harm which may be caused to
the business or other interests of the applicant or any third party by giving
copies of that information to the person charged outweighs any prejudice
which may be caused by not so doing.
(7) Notwithstanding any other written law, any copies made pursuant to subsection (6) shall,
for the purposes of admissibility in any proceedings, be treated as if they were themselves the items
seized.
(8) It is immaterial for the purposes of subsection (4) or subsection (5) whether the giving of
any information or copies of any programme or data would be a breach of an obligation, whether
imposed by a written law or otherwise, of the person who is the owner or has charge of the computer,
disk, tape or other equipment or programme or data held therein not to disclose the existence or
content of the information, programme or data or to disclose the manner of operation of the computer
other equipment or programme.
(9) In this section, “premises” includes land, building, movable structure, vehicle and vessel.
(10) This section shall have effect without prejudice to the power of arrest, inspection, search
or seizure under the Criminal Procedure Code and the power to seek and obtain copies of any
documents under the Evidence Act, and the Evidence (Banker's Books) Act or any other written law.
Obstruction etc. of police officer
10.
A person who resists or obstructs a police officer or person authorised under section 9(3) in
the exercise by the police officer or person authorised of any lawful functions under this Act or fails
to comply with a request to provide information as provided by section 9(4) is guilty of an offence
and liable on conviction to a fine of R 10,000 and imprisonment for three years.
Protection of police etc.
11.
A police officer or person authorised under a warrant under section 9(3) shall not be liable to
any claim or action for anything done or omitted to be done in good faith under this Act.
Regulations
12.
The Minister may make regulations for the purpose of carrying out or giving effect to the
principles and provisions of this Act.
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NO SUBSIDIARY LEGISLATION
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