Cybercrimes Act, 2020 · Section 36
Powers Must Be Exercised Properly
Section 36 requires powers under Chapter 4 to be exercised in a decent and orderly manner with due regard for other people's rights.
What the section does
Section 36 places a conduct requirement on police officials and investigators exercising powers under the Chapter.
Key points
- Investigative powers must be exercised in a decent and orderly manner.
- The rights of other persons must be taken into account.
- The provision forms part of the safeguards surrounding digital searches and seizures.
What this means in practice
Cybercrime investigation powers are not a blank cheque. How those powers are exercised matters as well as whether the underlying power exists.
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