National Road Traffic Act, 1996
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 4 : Powers to Investigate, Search, Access or Seize32. Search for, access to, or seizure of article involved in the commission of an offence without search warrant |
| (1) | A police official may without a search warrant referred to in section 29(1)(a) search any person, container, premises, vehicle, facility, ship or aircraft for the purposes of performing the powers referred to in paragraphs (a) and (b) of the definition of ‘‘seize’’ in respect of a computer data storage medium or any part of a computer system referred to in paragraph (c) or (d) of the definition of ‘‘article’’, if the police official on reasonable grounds believes— |
| (a) | that a search warrant will be issued to them under section 29(1)(a) if they apply for such warrant; and |
| (b) | that the delay in obtaining such warrant would defeat the object of the search and seizure. |
| (2) | A police official may only access or perform the powers referred to in paragraphs (c) or (d) of the definition of ‘‘seize’’, in respect of the computer data storage medium or a computer system referred to in subsection (1), in accordance with a search warrant issued in terms of section 29(1)(a): Provided that a police official may, if they on reasonable grounds believe— |
| (a) | that a search warrant will be issued to them under section 29(1)(a) if they apply for such warrant; and |
| (b) | it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written or oral application for a search warrant, access and perform the powers referred to in paragraph (c) or (d) of the definition of ‘‘seize’’ without a search warrant. |
| (3) | An investigator authorised in writing by a police official may assist the police official to seize an article as contemplated subsections (1) and (2) and to access the article as contemplated in subsection (2). |
