The full text of the Cybercrimes Act in South Africa
Section 33 | Search for, access to, or seizure of article on arrest of person
A police official may without a warrant, as contemplated in section 40 of the Criminal Procedure Act, 1977, arrest any person—
who commits any offence in terms of Part I or Part II of Chapter 2 in their presence;
whom they reasonably suspect of having committed any offence in terms of Part I and Part II of Chapter 2; or
who is concerned with or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that they have been concerned with an offence
similar to those contemplated in Part I or Part II of Chapter 2; or
substantially similar to an offence recognised in the Republic, which may be committed by means of, or facilitated by the use of an article, in a foreign State, and for which they are, under any law relating to extradition or fugitive offenders, liable to be arrested or detained in custody in the Republic.
On the arrest of a person contemplated in subsection (1) or in terms of section 40 or 43 of the Criminal Procedure Act, 1977, a police official may search for and perform the powers referred to in paragraphs (a) and (b) of the definition of ‘‘seize’’ in respect of a computer data storage medium or any part of a computer system referred to in paragraph (c) or (d) of the definition of ‘‘article’’, which is found in the possession of or in the custody or under the control of the person.
A police official may only access or perform the powers referred to in paragraph (c) or (d) of the definition of ‘‘seize’’, in respect of a computer data storage medium or a computer system referred to in subsection (2), in accordance with a search warrant issued in terms of section 29(1)(a): Provided that a police official may, if they on reasonable grounds believe—
that a search warrant will be issued to them under section 29(1)(a), if they apply for such warrant; and
it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written or oral application for a search warrant, access and perform the powers referred to in paragraph (c) and (d) of the definition of ‘‘seize’’ without a search warrant.
An investigator authorised in writing by a police official may assist the police official to seize an article as contemplated subsections (2) and (3) and to access the article as contemplated in subsection (3).