Cybercrimes Act, 2020 · Section 33
Search and Seizure Following Arrest
Section 33 deals with searches and certain digital evidence powers following the arrest of a person.
What the section does
Section 33 allows a police official, in specified circumstances, to arrest without a warrant and then search for certain computer storage media or parts of a computer system found in the person's possession, custody or control.
Key points
- The arrest provisions are linked to the Criminal Procedure Act.
- The section distinguishes between seizing an article and accessing or exercising deeper powers over digital material.
- Certain access powers still require a search warrant unless the Act's urgent or exceptional circumstances provision applies.
What this means in practice
Seizing a device and examining its contents are not necessarily the same legal act.
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