Cybercrimes Act, 2020 · Section 35
Obstructing or Hindering an Investigation
Section 35 addresses obstruction or hindering of police officials or investigators exercising powers under the Act.
What the section does
Section 35 makes specified obstruction or hindering conduct an offence and gives authorised officials powers to overcome resistance in the circumstances permitted by the Act.
Key points
- The section concerns lawful exercise of powers under the Act.
- Obstruction can itself have legal consequences.
- The authority to overcome resistance is subject to the statutory framework rather than being unlimited.
What this means in practice
There is a difference between lawfully asserting a legal right and unlawfully obstructing an investigation.
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