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Cybercrimes Act, 2020 · Section 43

Oral Application for Preservation of Evidence

Section 43 provides a procedure for an oral application for a preservation-of-evidence direction.

What the section does

Section 43 allows an oral application for a preservation-of-evidence direction in circumstances permitted by the Act, with the statutory requirements applying to the application and resulting direction.

Key points

  • The provision is designed for circumstances where the ordinary written process may not be practical.
  • An oral application remains subject to the statutory framework.
  • The Act provides procedural requirements for recording and dealing with the direction.

What this means in practice

An urgent procedure is still a legal procedure; it does not remove the requirements of the 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