Cybercrimes Act, 2020 · Section 28
Search for, Access to, or Seizure of Certain Articles
Section 28 provides investigative powers concerning articles connected to suspected offences.
What the section does
Section 28 provides for searching for, accessing or seizing certain articles in the investigation of offences, subject to the statutory requirements and safeguards in Chapter 4.
Key points
- The powers concern articles that can include data, computer programs, storage media and computer systems.
- The section must be read together with the warrant and warrantless-search provisions that follow it.
- Digital evidence can therefore be lawfully searched for and seized under the statutory framework.
What this means in practice
A police investigation involving a computer or phone is governed by specific legal powers; investigators do not simply get unrestricted access to every digital device.
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