Cybercrimes Act, 2020 · Section 32
Search Without a Warrant in Certain Cases
Section 32 provides specific circumstances in which police may search for or seize relevant digital articles without a search warrant.
What the section does
Section 32 permits warrantless searches for specified articles in circumstances prescribed by the Act, including where the article is involved in the commission of an offence and the statutory requirements are satisfied.
Key points
- The power is not a general licence to search anything.
- The Act specifies circumstances and conditions for exercising the power.
- Investigators may assist police officials under the conditions provided by the Act.
What this means in practice
Digital searches without warrants are governed by statutory conditions. The existence of a cybercrime allegation does not automatically remove every legal safeguard.
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