South African Cyber Law
Electronic Evidence
Electronic records can have legal evidential value. The ECT Act contains rules concerning the admissibility and evidential weight of data messages.
Admissibility
Section 15 provides that rules of evidence must not be applied so as to deny the admissibility of a data message in legal proceedings merely because it is constituted by a data message.
The section also addresses factors relevant to the evidential weight of a data message.
What strengthens an electronic record
Keep the original record where possible rather than relying only on a screenshot.
Retain information showing where the record came from, when it was created or received and whether it has been altered.
For email, useful information can include the original message and headers. For transactions, retain confirmations, invoices and payment records.
Screenshots are not magic
A screenshot can preserve what was displayed, but it may not contain all the context or metadata available from the original source.
Where a matter may become legally significant, preserve the underlying records as well as screenshots.
Official source
Read the official legislation from the South African government:
Electronic Communications and Transactions Act 25 of 2002 — South African GovernmentImportant
Cyber Conduct provides general educational information, not legal advice. South African legislation can change, and the application of the law depends on the facts of each situation. For a specific legal matter, consider obtaining advice from a qualified legal professional or the relevant authority.