Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter XII : Cyber Inspectors83. Obtaining warrant |
| (1) | Any magistrate or judge may, upon a request from a cyber inspector but subject to the provisions of section 25 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), issue a warrant required by a cyber inspector in terms of this Chapter. |
| (2) | For the purposes of subsection (1), a magistrate or judge may issue a warrant where— |
| (a) | an offence has been committed within the Republic; |
| (b) | the subject of an investigation is – |
| (i) | a South African citizen or ordinarily resident in the Republic; or |
| (ii) | present in the Republic at the time when the warrant is applied for; or |
| (c) | information pertinent to the investigation is accessible from within the area of jurisdiction of the court. |
| (3) | A warrant to enter, search and seize may be issued at any time and must— |
| (a) | identify the premises or information system that may be entered and searched; and |
| (b) | specify which acts may be performed thereunder by the cyber inspector to whom it is issued. |
| (4) | A warrant to enter and search is valid until — |
| (a) | the warrant has been executed; |
| (b) | the warrant is cancelled by the person who issued it or in that person's absence, by a person with similar authority; |
| (c) | the purpose for issuing it has lapsed; or |
| (d) | the expiry of one month from the date on which it was issued. |
| (5) | A warrant to enter and search premises may be executed only during the day, unless the judge or magistrate who issued it, authorises that it may be executed at any other time. |