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Cybercrimes Act, 2020 · Section 30

Oral Application for a Search Warrant

Section 30 provides for oral applications for a search warrant or amendment of a warrant in circumstances allowed by the Act.

What the section does

Section 30 recognises circumstances where a written application may not be practicable and provides a procedure for an oral application or amendment, subject to the statutory requirements.

Key points

  • The provision is procedural and operates within the warrant framework.
  • An oral application does not mean that the statutory safeguards disappear.
  • The Act prescribes how the resulting warrant or amendment must be recorded and dealt with.

What this means in practice

Urgency does not automatically mean investigators can ignore legal requirements; it changes the procedure available to them where the Act permits it.

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