National Small Business Act, 1996 (Act 102 of 1996)
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 5 : Mutual Assistance50. Informing foreign State of outcome of request for mutual assistance and expedited disclosure of traffic data |
| (1) | The National Director of Public Prosecutions must inform— |
| (a) | the designated judge; and |
| (b) | the applicable authority in a foreign State, |
of the outcome of the request for assistance and cooperation.
| (2) | Any traffic data made available in terms of an order referred to in section 48(6)(c), must be— |
| (a) | provided to the designated Point of Contact, in the prescribed manner, for submission to the applicable authority in a foreign State; and |
| (b) | accompanied by— |
| (i) | a copy of the order referred to in section 48(6); and |
| (ii) | an affidavit in the prescribed form by the person or authorised representative of an electronic communications service provider or financial institution, verifying the authenticity, integrity and reliability of the information that is furnished. |
| (3) | The traffic data together with the copy of the order and affidavit referred to in subsection (2), must be provided to the applicable authority in a foreign State which requested the assistance in terms of section 48(1). |
| (4) | A person, electronic communications service provider or financial institution who— |
| (a) | fails to comply with subsection (2) or any regulations contemplated in section 59(1)(a)(xxii); or |
| (b) | makes a false statement in an affidavit referred to in subsection (2)(b)(ii), |
is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding two years or to both a fine and such imprisonment.
