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Cybercrimes Act, 2020 · Section 31

Search Without a Warrant With Consent

Section 31 deals with searches, access and seizure without a search warrant where a person with lawful authority consents.

What the section does

Section 31 permits specified investigative actions without a search warrant where the person with lawful authority to consent gives the required consent.

Key points

  • Consent must come from a person who has lawful authority to give it.
  • The section regulates the assistance of investigators.
  • The statutory limits still apply to what investigators may do.

What this means in practice

Being asked to consent to a search and being compelled under a warrant are legally different situations.

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