Cybercrimes Act, 2020 · Section 25
Definitions for Investigation Powers
Section 25 defines terms used in Chapter 4, which deals with investigation, search, access and seizure.
What the section does
Section 25 establishes meanings for terms including access, investigator and seize as they are used in Chapter 4.
Key points
- Access can include using a computer system, storage medium, components or data to the extent necessary to search for and seize an article.
- An investigator can be a fit and proper person who is not a SAPS member but is authorised or requested to assist under the Act.
- The meaning of seize extends beyond simply taking physical possession and includes specified powers involving digital material.
What this means in practice
These definitions are important because digital evidence cannot always be handled in exactly the same way as a physical object.
Important
This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.
Official source
Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.
Cybercrimes Act, 2020 — official PDF