Section 4 | Unlawful acts in respect of software or hardware tool

  1. Any person who unlawfully and intentionally—
    1. uses; or
    2. possesses,
      any software or hardware tool for purposes of contravening the provisions of section 2(1), 3(1), 5(1), 6(1) or 7(1)(a) or (d), is guilty of an offence.
  2. For purposes of this section ‘‘software or hardware tool’’ means any electronic, mechanical or other instrument, device, equipment, apparatus or a substantial component thereof or a computer program, which is designed or adapted primarily for the purposes to—
    1. access as contemplated in section 2(1);
    2. intercept data as contemplated in section 3(1);
    3. interfere with data or a computer program as contemplated in section 5(1);
    4. interfere with a computer data storage medium or a computer system as contemplated in section 6(1); or
    5. acquire, make available or use a password, access code or similar data or devices as defined in section 7(3).