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Cybercrimes Act, 2020 (Act No. 19 of 2020)

Chapter 6 : Designated Point of Contact

52. Establishment and functions of designated Point of Contact

 

(1) The National Commissioner must—
(a) establish or designate an office within existing structures of the South African Police Service to be known as the designated Point of Contact for the Republic; and
(b) equip, operate and maintain the designated Point of Contact.

 

(2) The National Commissioner exercises final responsibility over the administration and functioning of the designated Point of Contact.

 

(3)
(a) The designated Point of Contact must ensure the provision of immediate assistance for the purpose of proceedings or investigations regarding the commission or intended commission of—
(i) an offence under Part I or Part II of Chapter 2;
(ii) any other offence in terms of the laws of the Republic, which may be committed by means of, or facilitated through the use of, an article; or
(iii) an offence—
(aa) similar to those contemplated in Part I or Part II of Chapter 2; or
(bb) substantially similar to an offence recognised in the Republic, which may be committed by means of, or facilitated through the use of, an article,

in a foreign State.

(b) The assistance contemplated in subsection (3)(a), includes—
(i) the provision of technical advice and assistance;
(ii) the facilitation or provision of assistance regarding anything which is authorised under Chapters 4 and 5;
(iii) the provision of legal assistance;
(iv) the identification and location of an article;
(v) the identification and location of a suspect; and
(vi) cooperation with appropriate authorities of a foreign State.

 

(4) The Cabinet member responsible for policing may make regulations to further—
(a) regulate any aspect provided for in subsection (3);
(b) impose additional duties on the designated Point of Contact; and
(c) regulate any aspect which is necessary or expedient for the proper implementation of this section.

 

(5) The National Director of Public Prosecutions must make available members of the National Prosecuting Authority—
(a) who have particular knowledge and skills in respect of any aspect dealt with in this Act; and
(b) to whom a security clearance has been issued by the State Security Agency in terms of section 2A of the National Strategic Intelligence Act, 1994, to the satisfaction of the National Director of Public Prosecutions,

to provide legal assistance to the designated Point of Contact as may be necessary or expedient for the effective operation of the designated Point of Contact.

 

(6)
(a) The Cabinet member responsible for policing must, at the end of each financial year, submit a report to the Chairperson of the Joint Standing Committee on Intelligence established by section 2 of the Intelligence Services Oversight Act, 1994, on the functions and activities of the designated Point of Contact.
(b) The report contemplated in paragraph (a) must include—
(i) the number of matters in which assistance was provided in terms of subsection (3)(a); and
(ii) the number of matters in which assistance was received from a foreign State.