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

Chapter 5 : Mutual Assistance

47. Spontaneous information

Purchase

(1)

The National Commissioner or the National Head of the Directorate, may, on such conditions regarding confidentiality and limitation of use as they may determine, furnish any information obtained during any investigation, to a law enforcement agency of a foreign State when the National Commissioner or the National Head of the Directorate is of the opinion that the disclosure of such information may—

(a)	assist the foreign State in the initiation or carrying out of investigations; or

(b)	lead to further cooperation with a foreign State to carry out an investigation,

regarding the commission or suspected commission of—

(i)	an offence contemplated in Part I or Part II of Chapter 2, in the Republic;

(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 that foreign State.

(2)	The South African Police Service may receive any information from a foreign State, subject to such conditions regarding confidentiality and limitation of use as may be agreed upon, which may—

(a)	assist the South African Police Service in the initiation or carrying out of investigations; or

(b)	lead to further cooperation with a foreign State to carry out an investigation,