Section 38 | False information under oath or by way of affirmation

  1. Any person who unlawfully or intentionally gives false information under oath or by way of affirmation knowing it to be false or not knowing it to be true, with the result that—
    1. a search warrant is issued;
    2. a search contemplated in section 31 took place on the basis of such information;
    3. a person, container, premises, vehicle, facility, ship or aircraft is searched or a computer data storage medium or any part of a computer system is seized or accessed in terms of section 32;
    4. an expedited preservation of data direction contemplated in section 41 is issued;
      [Commencement date: To be proclaimed]
    5. a preservation of evidence direction contemplated in section 42 is issued; or
      [Commencement date: To be proclaimed]
    6. a disclosure of data direction contemplated in section 44 is issued,
      [Commencement date: To be proclaimed]
      is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.
  2. Where a person is convicted of an offence referred to in subsection (1), the court convicting such a person may, upon application of any person who has suffered damage or upon the application of the prosecutor acting on the instructions of that person, award compensation in respect of such damage, whereupon the provisions of section 300 of the Criminal Procedure Act, 1977, shall apply with the necessary changes required by the context to such award.