Cybercrimes Act, 2020 (Act No. 19 of 2020) Chapter 1 : Definitions and Interpretation 1. Definitions and interpretation

 

 

‘‘article’’

means any—

which—

 

‘‘computer’’

means any electronic programmable device used, whether by itself or as part of a computer system or any other device or equipment, or any part thereof, to perform predetermined arithmetic, logical, routing, processing or storage operations in accordance with set instructions and includes any data, computer program or computer data storage medium that are related to, connected with or used with such a device;

 

‘‘computer data storage medium’’

means any device from which data or a computer program is capable of being reproduced or on which data or a computer program is capable of being stored, by a computer system, irrespective of whether the device is physically attached to or connected with a computer system;

 

‘‘computer program’’

means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;

 

‘‘computer system’’

means—

 

‘‘Constitution’’

means the Constitution of the Republic of South Africa, 1996;

 

‘‘Criminal Procedure Act, 1977’’

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

 

‘‘Customs and Excise Act, 1964’’

means the Customs and Excise Act, 1964 (Act No. 91 of 1964);

 

‘‘Customs Control Act, 2014’’

means the Customs Control Act, 2014 (Act No. 31 of 2014);

 

‘‘data’’

means electronic representations of information in any form;

 

‘‘data message’’

means data generated, sent, received or stored by electronic means, where any output of the data is in an intelligible form;

 

‘‘designated judge’’

means a designated judge as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002;

 

‘‘designated Point of Contact’’

means the office established or designated in terms of section 52;

 

‘‘Electronic Communications Act, 2005’’

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

‘‘electronic communications network’’

means an electronic communications network as defined in section 1 of the Electronic Communications Act, 2005, and includes a computer system;

 

‘‘electronic communications service’’

means any service which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services as defined in section 1 of the Electronic Communications Act, 2005;

 

‘‘electronic communications service provider’’

means—

 

‘‘financial institution’’

means a financial institution as defined in section 1 of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017);

 

‘‘foreign State’’

means any State other than the Republic;

 

‘‘Intelligence Services Oversight Act, 1994’’

means the Intelligence Services Oversight Act, 1994 (Act No. 40 of 1994);

 

‘‘International Co-operation in Criminal Matters Act, 1996’’

means the International Co-operation in Criminal Matters Act, 1996 (Act No. 75 of 1996);

 

‘‘Justices of the Peace and Commissioners of Oaths Act, 1963’’

means the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963);

 

‘‘magistrate’’

includes a regional court magistrate;

 

‘‘Magistrates’ Courts Act, 1944’’

means the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

 

‘‘National Commissioner’’

means the National Commissioner of the South African Police Service, appointed by the President under section 207(1) of the Constitution;

 

‘‘National Director of Public Prosecutions’’

means the person contemplated in section 179(1)(a) of the Constitution and appointed in terms of section 10 of the National Prosecuting Authority Act, 1998;

 

‘‘National Head of the Directorate’’

means a person appointed in terms of section 17CA(1) of the South African Police Service Act, 1995;

 

‘‘National Prosecuting Authority Act, 1998’’

means the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

 

‘‘National Strategic Intelligence Act, 1994’’

means the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);

 

‘‘output of a computer program’’

means any—

generated by a computer program;

 

‘‘output of data’’

means by having data displayed or in any other manner;

 

‘‘person’’

means a natural or a juristic person;

 

‘‘police official’’

means a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995;

 

‘‘Prevention of Organised Crime Act, 1998’’

means the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);

 

‘‘Protection from Harassment Act, 2011’’

means the Protection from Harassment Act, 2011 (Act No. 17 of 2011);

 

‘‘Protection of Personal Information Act, 2013’’

means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);

 

‘‘publicly available data’’

means data which is accessible in the public domain without restriction;

 

‘‘Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002’’

means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002);

 

‘‘responsible party’’

means a responsible party as defined in section 1 of the Protection of Personal Information Act, 2013;

 

‘‘South African Police Service Act, 1995’’

means the South African Police Service Act, 1995 (Act No. 68 of 1995);

 

‘‘South African Reserve Bank’’

means the South African Reserve Bank, referred to in section 223 of the Constitution, read with the South African Reserve Bank Act, 1989;

 

‘‘South African Reserve Bank Act, 1989’’

means the South African Reserve Bank Act, 1989 (Act No. 90 of 1989);

 

‘‘specifically designated police official’’

means a police official of the rank of captain or above referred to in section 33 of the South African Police Service Act, 1995, who has been designated in writing by the National Commissioner and the National Head of the Directorate, respectively, to—

 

‘‘Superior Courts Act, 2013’’

means the Superior Courts Act, 2013 (Act No. 10 of 2013);

 

‘‘Tax Administration Act, 2011’’

means the Tax Administration Act, 2011 (Act No. 28 of 2011); and

 

‘‘traffic data’’

means data relating to a communication indicating the communication’s origin, destination, route, format, time, date, size, duration or type, of the underlying service.