Share Blocks Control Act, 1980
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter XV : Offences128. Unauthorised access to or modification of computer material |
| 1) | For the purposes of this section- |
| a) | "access to a computer" includes access by whatever means to any program or data contained in the random access memory of a computer or stored by any computer on any storage medium, whether such storage medium is physically attached to the computer or not, where such storage medium belongs to or is under the control of the Department or a custody official; |
| b) | "contents of any computer" includes the physical components of any computer as well as any program or data contained in or stored as envisaged in paragraph (a); |
| c) | "modifies" includes a temporary or permanent modification; |
| d) | "perform a function on a computer" includes copying or downloading; and |
| e) | "unauthorised access" includes access by a person who is authorised to use the computer but unauthorised to gain access to a certain program or to certain data held in such computer or who is at the relevant time temporarily unauthorised to gain access to such computer, program or data. |
| 2) | Any person who intentionally gains unauthorised access to any computer or to any program or data held in such a computer belonging to or under the control of the Department or Contractor, or in a computer to which correctional or custody officials have access in that capacity, is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding two years or to such incarceration without the option of a fine or both. |
| 3) | Any unauthorised person who performs a function on a computer belonging to or under the control of the Department or a Contractor or to which correctional or custody officials have access, is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding two years, or to such incarceration without the option of a fine or both. |
| 4) | Any person who intentionally modifies the contents of any computer belonging to or under the control of the Department or a Contractor or to which only correctional or custody officials have access in order to impair the operation of any computer or its operating or the reliability of data held in it or to prevent or hinder access to any program or data held in any computer, is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding five years or to such incarceration without the option of a fine, or both. |
| 5) | The courts of the Republic of South Africa have jurisdiction to try any person under this section whether such an offence was committed outside the Republic if- |
| a) | the accused was in the Republic; |
| b) | the computer concerned was in the Republic; or |
| c) | the accused was a South African citizen. |
