Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 9 : General Provisions59. Regulations |
| (1) | The Cabinet member responsible for the administration of justice— |
| (a) | must make regulations to prescribe the— |
| (i) | form and manner of the application as contemplated in section 20(1); |
| (ii) | form of the order as contemplated in section 20(3); |
| (iii) | manner of serving the order as contemplated in section 20(4); |
| (iv) | form and manner of the application as contemplated in section 20(6); |
| (v) | form and manner in which the court may subpoena a person as contemplated in section 20(8); |
| (vi) | form of the direction and affidavit and manner to furnish information to a court as contemplated in section 21(1)(b); |
| (vii) | manner of serving a direction as contemplated in section 21(2); |
| (viii) | manner and the form of the affidavit to apply for an extension of the time period or cancellation of the direction as contemplated in section 21(3)(b); |
| (ix) | manner for requesting additional information as contemplated in section 21(4)(b); |
| (x) | form and manner of informing an electronic communications service provider of the outcome of application as contemplated in section 21(4)(d); |
| (xi) | tariffs of compensation payable to an electronic communications service provider as contemplated in section 21(6); |
| (xii) | form of the order and manner of service of the order as contemplated in section 22(3); |
| (xiii) | form and manner of the application as contemplated in section 22(5); |
| (xiv) | form and manner in which the court may subpoena a person as contemplated in section 22(7); |
| (xv) | the form of the expedited preservation of data direction and manner of service as contemplated in section 41(3); |
| (xvi) | form and manner for the making of an application as contemplated in section 41(7); |
| (xvii) | form of the preservation of evidence direction and manner of service as contemplated in section 42(2); |
| (xviii) | form and manner of an application to set aside a preservation of evidence direction as contemplated in section 42(5); |
| (xix) | form of the disclosure of data direction and manner of service as contemplated in section 44(3); |
| (xx) | form and manner of an application for the amendment or setting aside of a disclosure of data direction as contemplated in section 44(5); |
| (xxi) | form of the affidavit as contemplated in section 44(7)(b); |
| (xxii) | manner in which traffic data must be provided to the designated Point of Contact as contemplated in section 50(2); |
| (xxiii) | form of the affidavit as contemplated in section 50(2)(b)(ii); and |
| (xxiv) | form of the direction as contemplated in section 51(1); and |
| (b) | may make regulations which are not inconsistent with this Act or any other law to prescribe any matter which in terms of this Act may be prescribed or which may be necessary or expedient to prescribe in order to achieve or promote the objects of this Act. |
| (2) |
| (a) | The Cabinet member responsible for policing must make regulations in terms of section 54(2), prescribing the— |
| (i) | category or class of offences which must be reported to the South African Police Service in terms of section 54(2)(a); and |
| (ii) | form and manner in which an electronic communications service provider or financial institution must report offences to the South African Police Service as contemplated in section 54(2)(b). |
| (b) | The Cabinet member responsible for policing may make regulations to further regulate aspects contemplated in section 52(4) and 55(2). |