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Cybercrimes Act, 2020 · Section 38

False Information Under Oath or Affirmation

Section 38 addresses knowingly false information supplied under oath or affirmation in proceedings under the Act.

What the section does

Section 38 creates consequences for providing false information under oath or by way of affirmation in circumstances covered by the Act.

Key points

  • The provision concerns information given under a formal evidentiary process.
  • The fact that information relates to a cybercrime investigation does not make ordinary mistakes automatically criminal.
  • The statutory offence concerns false information in the circumstances specified by the section.

What this means in practice

When making a formal statement or affidavit, accuracy matters. Do not knowingly provide false information.

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