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CYBERCRIME AND COMPUTER RELATED

CRIMES ACT, 2018

No. 18 of 2018

ARRANGEMENT OF SECTIONS

SECTION

PART I — Preliminary

1. Short title and commencement

2. Interpretation
3. Jurisdiction

PART II — Offences

4. Unauthorised access to a computer or computer system

5. Unauthorised access to a computer service
6. Access with intent to commit or facilitate commission of an offence
7. Unauthorised interference with data
8. Unauthorised interference with a computer or computer system
9. Unlawful interception of data
10. Unlawful possession of devices or data
11. Unauthorised disclosure of password or access code
12. Damage to a computer or computer system
13. Critical national infrastructure
14. Cyber extortion
15. Cyber fraud
16. Cyber harassment
17. Cyber stalking
18. Offensive electronic communication
19. Pornographic or obscene material
20. Revenge pornography
21. Racist or xenophobic material
22. Racist or xenophobic motivated insult
23. Unlawful disclosure by service provider

PART III — Procedural Powers

24. Preservation order

25. Disclosure of preserved data
26. Production order
A.428

27. Access, search and seizure

28. Real time collection of content or traffic data
29. Deletion order
30. Acting without an order
31. Limited use of disclosed data and information
32. Non-compliance with order or notice

PART IV — Miscellaneous Provisions

33. Extradition
34. Regulations
35. Repeal of Cap. 08:06
36. Savings

An Act to repeal and re-enact, with amendments, the Cybercrime

and Computer Related Crimes Act.
Date of Assent: 29.06.18
Date of Commencement: ON NOTICE
ENACTED by the Parliament of Botswana.

PART I — Preliminary
Short title and 1. This Act may be cited as the Cybercrime and Computer Related
commencement
Crimes Act, 2018, and shall come into operation on such day as the
Minister may, by Order published in the Gazette, appoint.
Interpretation 2. In this Act, unless the context otherwise requires —
“access” means, in relation to any computer or computer system, to
instruct, communicate with, store data in, retrieve data from, or
otherwise make use of any of the resources of the computer or
computer system
“access code” or “password” means any —
(a) data by which a computer service or computer or computer
system is capable of being obtained, accessed or used; or
(b) means of gaining access to the whole or part of a computer or
computer system;
“automatic processing” includes the following operations, if carried out
in whole or in part by automated means — ­
(a) the storage of data;
(b) the carrying out of logical or arithmetical operations on the
data referred to in paragraph (a), including its alteration, era
sure, retrieval or dissemination;
“Commissioner” means the Commissioner of Police appointed by the
President in terms of section 112 of the Constitution;
“computer data storage medium” means any device, article or material
from which data or information is capable of being stored or
reproduced, with or without the aid of any other device or material;
“computer or computer system” means an electronic, magnetic or optical
device or a group of interconnected or related devices, including
the Internet, one or more of which, pursuant to a programme,
performs the automatic processing of data;
 A.429

“computer service” includes data processing or the storage or retrieval

of data;
“data” means —
(a) any representation of facts, information or concepts in a form
suitable for processing in a computer or computer system;
(b) any information recorded in a form in which it can be processed
by equipment operating automatically in response to instructions
given for that purpose; or
(c) any programme suitable to cause a computer or computer system
to perform a function,
and includes traffic data and subscriber information;
“device” includes —
(a) a computer programme, code, software or application;
(b) a component of a computer or computer system, such as a graphic
card, memory card, chip or processor;
(c) a computer data storage medium; or
(d) any input or output device;
“Director-General” means the Director-General of the Directorate on
Corruption and Economic Crime appointed by the President in terms
of section 4 of the Corruption and Economic Crime Act; Cap. 08:05
“electronic communication” means the transfer of a sign, signal or
data of any nature transmitted in whole or in part by an electrical,
digital, magnetic, electromagnetic, optical, wire, wireless, radio,
photo electronic or photo optical system or any other similar form;
“function” includes the logic, control, arithmetic, deletion, storage and
retrieval, and communication and telecommunication to, from or
within a computer or computer system;
“funds” means assets of every kind, whether corporeal or incorporeal,
tangible or intangible, movable or immovable, however acquired,
and legal documents in any form, including electronic or digital,
evidencing title to or interest in such assets;
“hinder” in relation to a computer or computer system includes —
(a) cutting the electricity supply to a computer or computer system;
(b) causing electromagnetic interference to a computer or computer system;
(c) corrupting a computer or computer system by any means;
(d) inputting, transmitting, damaging, deleting, suppressing, altering
or modifying data; and
(e) impairing, by any means, the connectivity, infrastructure or support
of a computer or computer system;
“information and communication service” means any service involving
the use of information and communication technology, including
telecommunication services;
“information and communication technology” means any technology
employed in the collecting, storing, using or sending out of
information, including any technology involving the use of a
computer or computer system or a telecommunication system;
A.430

“intercept” means the aural or other acquisition of the contents of any

electronic, magnetic, optical or oral data communication during
transmission, through the use of any device;
“interfere” or “interference” includes —
(a) an action carried out by a person who is not himself or herself
entitled to determine whether the interference of the kind in
question should be made; or
(b) an action carried out by a person whose act causes the interference
does not have consent, from any person who is so entitled, to the
interference of the kind in question; and
(c) where the act in question, or any intended effect of it, is temporary
or permanent;
“national emergency organisations” include the police service, security
forces, fire brigade, ambulance services, medical services,
veterinary services and environmental disaster agencies, whether
or not such organisations are owned and managed on a private or
public basis;
“programme” means an instruction or a set of instructions, expressed
in words, codes, schemes or any other form, which is capable,
when incorporated in a machine-readable medium, of causing a
computer or computer system to achieve a particular task, result
or function;
“property” means money or any other movable, immovable, corporeal
or incorporeal thing, whether located in Botswana or elsewhere,
and includes any rights, securities and any interest in privileges
and claims over that thing, as well as —
(a) any currency, whether or not the currency is legal tender in
Botswana, and any bill, security, bond, negotiable instrument or
any instrument capable of being negotiated which is payable to
the bearer or endorsed “payable to the bearer”, whether expressed
in Botswana currency or otherwise;
(b) any balance held in Botswana currency or in any other currency
in accounts with any bank which carries on business in Botswana
or elsewhere;
(c) any balance held in any currency with a bank outside Botswana;
(d) any motor vehicle, ship, aircraft, boat, work of art, jewelry, precious
metal or any other item of value;
(e) any right or interest in property;
(f) any funds or other assets, including all property and any interest,
dividend or income on or value accruing to or generated by such
funds or assets; and
(g) any information, including an electronically produced programme
or data or copy thereof, whether tangible or intangible, human or
computer-readable data, or data in transit;
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“publish” includes —
(a) distributing, transmitting, disseminating, circulating, delivering,
exhibiting, lending for gain, exchanging, bartering, selling or
offering for sale, letting on hire or offering to let on hire, offering
in any other way, or making available in any way;
(b) having in possession or custody, or under control, for the purpose
of doing an act referred to in paragraph (a); or
(c) printing, photographing, copying or making in any other manner,
whether of the same or of a different kind of nature, for the purpose
of doing any act referred to in paragraph (a);
“racist or xenophobic material” means any material which advocates,
promotes or incites hatred, discrimination or violence against
any person or group of persons based on race, colour, descent,
nationality, ethnic origin, tribe or religion;
“repealed Act” means the Cybercrime and Computer Related Crimes
Act repealed under section 35;
“service provider” means any public or private person who —
(a) provides to users of its services the ability to communicate by
means of a computer or computer system;
(b) processes or stores computer data on its behalf or on behalf of
the users of its services; or
(c) provides an information and communication service, including
telecommunication;
“subscriber” means a person who lawfully uses the services of a service
provider;
“subscriber information” means any information, other than traffic data,
contained in the form of computer data or any other form, that is
held by a service provider and relating to any subscriber, by which
can be established information available on the basis of a service
agreement or arrangement, including information on the —
(a) site of installation of communication equipment; or
(b) subscriber’s identity, postal or geographical address or billing or
payment information;
“telecommunication” means a transmission, emission or reception
of signs, signals, writing, images, sounds or intelligence of any
nature, by wire, radio, optical or other electromagnetic systems,
whether or not such signs, signals, writing, images, sounds or
intelligence have been subjected to rearrangement, computation or
other processes, by any means, in the course of their transmission,
emission or reception;
“traffic data” means any data that —
(a) relates to communication by means of a computer or computer system;
(b) is generated by a computer or computer system that is part of the
chain of communication; and
(c) shows the communication’s origin, destination, route, time, data,
size, duration or type of underlying service;
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“unauthorised access” includes where a person —

(a) is not himself or herself entitled to access of the kind in question;
(b) does not have consent, from any person who is so entitled, to access
of the kind in question; or
(c) exceeds the access he or she is authorised; and
“underlying service” means the type of service that is being used within
a computer or computer system.
Jurisdiction 3. The courts of Botswana shall have jurisdiction where an act
or an omission constituting an offence under this Act has been committed —
(a) in the territory of Botswana;
(b) by a national of Botswana outside the territory of Botswana, if
the person’s conduct would also constitute an offence under the
law of the country where the offence was committed and if the
person has not been prosecuted for the offence in that country;
(c) on a ship or aircraft registered in Botswana;
(d) in part in Botswana; or
(e) outside the territory of Botswana and where any result of the offence
has an effect in Botswana.

PART II — Offences
Unauthorised 4. (1)   Subject to subsection (2), any person who —
access to a
computer or (a) intentionally accesses or attempts to access the whole or any part
computer of a computer or computer system knowing that the access he or
system she intends to secure is unauthorised; or
(b) causes a computer or computer system to perform any function
as a result of unauthorised access to such system,
commits an offence and is liable to a fine not exceeding P20 000 or
to imprisonment for a term not exceeding one year, or to both.
(2) For the purposes of this section, it is immaterial that the
unauthorised access is not directed at a —
(a) particular programme or data;
(b) programme or data of any kind; or
(c) programme or data held in any particular computer or computer
system.
Unauthorised 5. (1) Subject to subsection (4), a person commits an offence where
access to a
computer
such person knowingly and by any means, without authorisation or
service exceeding the authorisation he or she is given —
(a) secures access or intends to secure access to any computer or
computer system for the purpose of obtaining, directly or indirectly,
any computer service; or
(b) intercepts , intends to access or causes to be intercepted, directly
or indirectly, any function of, or any data within, a computer or
computer system.
 A.433

(2) For the purposes of this section —

(a) “authorisation” includes, in relation to a function of a computer
or computer system, listening to or recording a function of a
computer or computer system or acquiring the substance, meaning
or purport of such a function; and
(b) it is immaterial that the unauthorised access or interception in
subsection (1) is not directed at a —
(i) particular programme or data,
(ii) programme or data of any kind, or
(iii) programme or data held in any particular computer or computer
system.
(3) A person who commits an offence under subsection (1) is liable
to a fine not exceeding P40 000 or to imprisonment for a term not
exceeding two years, or to both.
(4) A person shall not be liable under subsection (1) where he or she —
(a) has the express or implied consent of both the person who sent
the data and the intended recipient of such data; or
(b) is acting in reliance of a statutory power arising under an enactment
or a power conferred under any Act.
6. (1) A person who, with intent to commit an offence, causes a Access with
computer or computer system to perform any function for the purpose intent to commit
or facilitate
of securing access to — commission of
(a) any programme or data held in a computer or computer system; or an offence
(b) a computer service,
commits an offence and is liable to a fine not exceeding P20 000 or to
imprisonment for a term not exceeding one year, or to both.
(2) For the purposes of this section it is immaterial that —
(a) the offence facilitated under paragraph (b) is committed by a person
referred to under subsection (1) or any other person; or
(b) the act is committed on the same occasion as when the access is
secured or at any other time.
7. (1) A person who intentionally and without lawful excuse or Unauthorised
interference
justification, does or attempts to do any of the following acts — with data
(a) damages, deteriorates, deletes, alters or modifies computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer
data; or
(d) denies access to computer data to any person entitled to it,
commits an offence and is liable to a fine not exceeding P40 000 or to
imprisonment for a term not exceeding two years, or to both.
(2) Where, as a result of the commission of an offence under subsection
(1), the following is impaired, suppressed, altered or modified —
(a) the operation of a computer or computer system;
(b) access to any programme or data held in any computer or computer
system; or
(c) the operation of any programme or the reliability of any data,
the person is liable to a fine not exceeding P20 000 or to imprisonment
for a term not exceeding one year, or to both.
A.434

Unauthorised 8. (1) A person who intentionally, without lawful excuse or

interference
with a computer justification —
or computer (a) hinders or interferes with the functioning of a computer or computer
system system; or
(b) hinders or interferes with a person who is lawfully using or
operating a computer or computer system,
commits an offence and is liable to a fine not exceeding P10 000 or to
imprisonment for a term not exceeding six months, or to both.
(2) A person who intentionally, without lawful excuse or justification,
commits an act which causes, directly or indirectly —
(a) a denial, including a partial denial, of access to a computer or
computer system; or
(b) an impairment of any programme or data stored in a computer or
computer system,
commits an offence and is liable to a minimum fine of P40 000 or to
imprisonment for a minimum term of two years, or to both.
Unlawful 9. A person who intentionally, without lawful excuse or justification,
interception
of data
and by technical means, intercepts —
(a) any non-public transmission to, from or within a computer or
computer system; or
(b) any electromagnetic emissions that are carrying data from a
computer or computer system,
commits an offence and is liable to a fine not exceeding P40 000 or to
imprisonment for a term not exceeding two years, or to both.
Unlawful 10. (1)  A person who intentionally, without lawful excuse or
possession of justification, manufactures, sells, procures for use, imports, exports,
devices or data
distributes or otherwise makes available, a computer or computer
system or any other device, designed or adapted for the purpose of
committing an offence under this Act, commits an offence and is liable
to a fine of P40 000 or to imprisonment for a term of two years, or to
both.
(2) A person who intentionally, without lawful excuse or justification,
receives, or is in possession of, one or more of the devices under
subsection (1), commits an offence and is liable to a fine of P40 000 or
to imprisonment for a term of two years, or to both.
(3) A person who is found in possession of any data or programme
with the intention that the data or programme be used, by the person
himself or herself or by another person, to commit or facilitate the
commission of an offence under this Act, commits an offence and is
liable to a fine of P40 000 or to imprisonment for a term of two years,
or to both.
(4) For the purposes of subsection (3), “possession of any data or
programme” includes having —
(a) possession of a computer or computer system or data storage
device that holds or contains the data or programme;
 A.435

(b) possession of a document in which the data or programme is

recorded; and
(c) control of the data or programme that is in the possession of
another person.
11. A person who intentionally, without lawful excuse or Unauthorised
justification, discloses, sells, procures for use, distributes or otherwise disclosure of
password or
makes available, any password, access code or other means of gaining access code
access to the whole or part of a computer or computer system —
(a) for wrongful gain;
(b) for any unlawful purpose;
(c) to overcome security measures for the protection of data; or
(d) with the knowledge that it is likely to cause prejudice to any
person,
commits an offence and is liable to a fine not exceeding P10 000 or
to imprisonment for a term not exceeding six months, or to both.
12. (1)  In this section, “computer contaminant” includes any Damage to a
programme which — computer or
computer
(a) modifies, destroys, records or transmits any data or programme system
residing within a computer or computer system;
(b) usurps the normal operation of a computer or computer system; or
(c) destroys, damages, degrades or adversely affects the performance
of a computer or computer system or attaches itself to another
computer resource and operates when a programme, data or
instruction is executed or some other event takes place in that
computer or computer system.
(2) A person who intentionally introduces, or causes to be introduced,
a computer contaminant into any computer or computer system which
causes, or is capable of causing, any of the effects referred to under
subsection (1) to such computer or computer system, commits an offence
and is liable to a fine not exceeding P100 000 or to imprisonment for a
term not exceeding five years, or to both.
13. (1)   In this section, “critical national infrastructure” means computer Critical national
infrastructure
systems, devices, networks, programmes or data, including those
of national emergency organisations, so vital to Botswana that the
incapacity or destruction of, or the interference with, such systems and
assets would have a debilitating impact on national security, national
economic security, public health and safety or a combination of any of
these.
(2) Where a person obtains access to critical national infrastructure
in the course of the commission of an offence under this Act, the person
commits an offence and is liable to a fine not exceeding P100 000 or to
imprisonment for a term not exceeding five years, or to both.
(3) For the purposes of any prosecution under this section, it shall
be presumed, until the contrary is proved, that the person referred to
under subsection (2) knew that the computer formed part of critical
national infrastructure.
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Cyber extortion 14. A person who performs or threatens to perform any of the acts
described under this Part, for the purposes of obtaining any unlawful
advantage by —
(a) undertaking to cease or desist from such actions; or
(b) undertaking to restore any damage caused as a result of those
actions,
commits an offence and is liable to a fine not exceeding P20 000 or to
imprisonment for a term not exceeding 10 years, or to both.
Cyber fraud 15. (1)   A person who performs any of the acts described under this
Part, for purposes of obtaining any unlawful advantage by causing
forged data to be produced, with the intent that it be considered or acted
upon as if it were authentic, commits an offence and is liable to a fine
not exceeding P100 000 or to imprisonment for a term not exceeding
seven years, or to both.
(2) A person who, with intent to procure any advantage for himself
or herself or another person, fraudulently causes loss of property to
another person by —
(a) any input, alteration, deletion, delaying transmission or suppression
of data; or
(b) any interference with the functioning of a computer or computer
system,
commits an offence and is liable to a fine not exceeding P100 000 or to
imprisonment for a term not exceeding seven years, or to both.
Cyber 16. A person who uses a computer or computer system, or who
harassment
knowingly permits a device to be used, for any of the following
purposes —
(a) making any request, suggestion or proposal which is obscene,
lewd, lascivious or indecent; or
(b) threatening to inflict injury or physical harm to the person or
property of any person,
commits an offence and is liable to a fine not exceeding P10 000 or
to imprisonment for a term not exceeding six months, or to both.
Cyber stalking 17. A person who willfully, maliciously or repeatedly uses electronic
communication to harass another person, or makes a threat with the
intent to place that person in reasonable fear for his or her safety or for
the safety of his or her immediate family, commits an offence and is
liable to a fine not exceeding P20 000 or to imprisonment for a term not
exceeding one year, or to both.
Offensive 18. A person who willfully, maliciously or repeatedly uses electronic
electronic
communication
communication of an offensive nature to disturb or attempt to disturb
the peace, quiet or privacy of any person with no purpose to legitimate
communication, whether or not a conversation ensues, commits an
offence and is liable to a fine not exceeding P20 000 or to imprisonment
for a term not exceeding one year, or to both.
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19. (1)   In this section — Pornographic

or obscene
(a) “child” means a person who is under the age of 18 years; material
(b) “child pornography” includes material that visually or otherwise
depicts —
(i) a child engaged in sexually explicit conduct,
(ii) a person who appears to be a child engaged in sexually
explicit conduct, or
(iii) realistic images representing a child engaged in sexually
explicit conduct; and
(c) “sexually explicit conduct” means any conduct, whether real or
simulated, which involves —
(i) sexual intercourse, including genital-genital, oral-genital,
anal genital or oral-anal, between children, or between an
adult and a child, of the same or opposite sex,
(ii) bestiality,
(iii) masturbation,
(iv) sadistic or masochistic sexual abuse, or
(v) the exhibition of the genitals or pubic area of a child.
(2) A person who —
(a) publishes child pornography or obscene material relating to
children through a computer or computer system;
(b) produces child pornography or obscene material relating to
children for the purpose of its publication through a computer
or computer system;
(c) possesses child pornography or obscene material relating to children
in a computer or computer system or on a computer data storage
medium;
(d) publishes or causes to be published an advertisement likely to be
understood as conveying that the advertiser distributes or shows
child pornography or obscene material relating to children; or
(e) accesses child pornography or obscene material relating to children
through a computer or computer system,
commits an offence and is liable to a fine not exceeding P100 000, or to
imprisonment for a term not exceeding five years, or to both.
(3) A person who, by means of a computer or computer system,
communicates with a person who is, or who the accused believes is —
(a) under the age of 18 years, for the purpose of facilitating the commission
of the offence of child pornography under this Act, or the offences
of prostitution, rape or indecent assault under the Penal Code; Cap. 08:01
(b) under the age of 16 years, for the purpose of facilitating the
commission of the offences of abduction or kidnapping of that
person under the Penal Code; or
(c) under the age of 16 years, for the purpose of facilitating the
commission of the offence of defilement or any sexual offence of
that person under the Penal Code,
A.438

commits an offence and is liable to a fine not exceeding P100 000 or to

imprisonment for a term not exceeding five years, or to both.
(4) Evidence that the person in paragraph (a), (b) or (c) of subsection
(3) was represented to the accused as being under the age of 18 years
or 16 years, as the case may be, shall be, in absence of evidence to the
contrary, proof that the accused believed that the person was under that
age.
(5) It shall not be a defence to a charge under subsection (3) that the
accused believed that the person he or she was communicating with
was at least 16 or 18 years of age, as the case may be, unless the accused
took reasonable steps to ascertain the age of the person.
(6) For the purposes of subsection (3), it does not matter that the
person in paragraph (a), (b) or (c) of subsection (3) is a fictitious person,
represented to the accused as a real person.
Revenge 20. A person who, by means of a computer or computer system,
pornography discloses or publishes a private sexual photograph or film without the
consent of the person who appears in the photograph or film, and with
the intention of causing that person distress, commits an offence and is
liable to a fine not exceeding P40 000 or to imprisonment for a term not
exceeding two years, or to both.
Racist or 21. A person who, by means of a computer or computer system —
xenophobic
material
(a) produces racist or xenophobic material;
(b) offers or makes available racist or xenophobic material;
(c) distributes or transmits racist or xenophobic material,
commits an offence and is liable to a fine not exceeding P40 000 or to
imprisonment for a term not exceeding two years, or to both.
Racist or 22. A person who, by means of a computer or computer system,
xenophobic
motivated
insults another person on the basis of race, colour, descent, nationality,
insult ethnic origin, tribe or religion commits an offence and is liable to a fine
not exceeding P40 000 or to imprisonment for a term not exceeding two
years, or to both.
Unlawful 23. A service provider who, without lawful authority, discloses —
disclosure by
service (a) that an order under this Act has been made;
provider (b) any act done under an order; or
(c) any data collected or recorded under an order,
commits an offence and is liable to a minimum fine of P1 000 000 but
not exceeding P5 000 000.

PART III — Procedural Powers

Preservation 24. A police officer or any person authorised by the Commissioner
order
or by the Director-General, in writing, may, upon confirmation by the
court and as soon as reasonably practicable to do so, order for the
preservation of data that has been stored or processed by means of a
computer or computer system or any other information and communication
technology, where there are reasonable grounds to believe that such
data is vulnerable to loss or modification.
 A.439

25. A police officer or any person authorised by the Commissioner Disclosure of

preserved data
or by the Director-General, in writing, may, by written notice given
to a person in control of a computer or computer system, require the
person to —
(a) ensure that the data specified in the notice is preserved for the
period specified in the notice; or
(b) disclose sufficient traffic data about a specified communication
to identify the service provider or the path through which the
data was transmitted.
26. (1)   A police officer or any person authorised by the Commissioner Production
order
or by the Director-General, in writing, may apply to a judicial officer
for an order compelling —
(a) a person to submit specified data in that person’s possession or
control, which is stored in a computer or computer system; and
(b) a service provider to submit subscriber information in relation to
its services in that service provider’s possession or control.
(2) Where the data in subsection (1) consists of data stored in an
electronic, magnetic or optical form on a device, the request shall be
deemed to require the person to produce or give access to it in a form in
which it can be taken away and in which it is visible and legible.
27. (1)   Where a police officer, or any person authorised by the Access, search
and seizure
Commissioner or by the Director-General, in writing, has reasonable
grounds to believe that stored data or information would be relevant
for the purposes of an investigation or the prosecution of an offence, he
or she may apply to a judicial officer for the issue of an order to enter
any premises to access, search and seize such data or information.
(2) A police officer or any person authorised by the Commissioner or
by the Director-General, in writing, in the execution of an order issued
under subsection (1), shall —
(a) seize or secure a computer or computer system or any information
and communication technology medium;
(b) make and retain a copy of such data or information;
(c) maintain the integrity of the relevant stored data or information;
(d) print, photograph, copy or make in any other manner for the
purpose of doing an act referred to in paragraph (a); or
(e) render inaccessible or remove the stored data or information
from the computer or computer system, or any information and
communication technology medium.
(3) A police officer or any person authorised by the Commissioner or
Director-General, in writing, in the execution of an order issued under
subsection (1), may order any person who has knowledge about the
functioning of the computer system or the measures provided under
subsection (2) to protect the data contained therein in order to provide,
as is reasonable, the necessary information to enable the undertaking of
the measures provided under subsection (2).
A.440

Real time 28. A police officer or any person authorised by the Commissioner
collection of
content or
or by the Director-General, in writing, may apply to a judicial officer,
traffic data ex-parte, for an order —
(a) for the collection or recording of content or traffic data, in real time,
associated with specified communications transmitted by means
of a computer or computer system; or
(b) compelling a service provider, within its technical capabilities, to —
(i) effect such collection and recording referred to in paragraph
(a), or
(ii) assist the person making the application to effect such
collection and recording.
Deletion order 29. The Director of Public Prosecutions, or any person authorised by
him or her, in writing, may apply to a judicial officer for an order that data
in a computer or computer system or other information communication
technology medium which contains pornography, obscene material or
child pornography be —
(a) no longer stored on and made available through the computer or
computer system or any other medium; or
(b) deleted or destroyed.
Acting without 30. A police officer of the rank of sergeant or above such rank may
an order carry out the powers conferred on him or her under this Act without
applying for an order under this Act if such application would result in
an undue delay in the investigation of any offence under this Act.
Limited use 31. (1)  Data obtained under this Act by a police officer, or any person
of disclosed authorised by the Commissioner or by the Director-General, in writing,
data and
information
shall be used for the purpose for which the data was originally sought,
unless such data is sought in —
(a) accordance with any other enactment;
(b) compliance with an order of court;
(c) the prevention of injury or other damage to the health of a person
or serious loss of or damage to property; or
(d) the public interest.
(2) Subject to subsection (3), on receipt of a request, in writing, a
police officer or any person authorised by the Commissioner or by the
Director-General shall permit a person who had the custody or control
of a computer or computer system to access and copy computer data on
the computer or computer system.
(3) A police officer or any person authorised by the Commissioner or
by the Director-General, in writing, may refuse to give access to
computer data or provide copies of such computer data if he or she
has reasonable grounds for believing that the giving of access or the
provision of copies —
(a) would constitute a criminal offence; or
(b) would prejudice —
(i) the investigation in connection with which the search was
carried out,
(ii) another ongoing investigation, or
(iii) any criminal proceedings that are pending or that may be
brought in relation to any of those investigations.
 A.441

32. A person who fails to comply with an order or notice issued under Non-compliance
with order or
this Part commits an offence and is liable to a fine not exceeding notice
P20 000 or to imprisonment for a term not exceeding one year, or to both.

PART IV — Miscellaneous Provisions

33. An offence under this Act shall be considered to be an extraditable Extradition

crime for which extradition may be granted or obtained under the
Extradition Act. Cap. 08:06
34. The Minister may make regulations for the better carrying out of Regulations
the provisions and purposes of this Act.
35. The Cybercrime and Computer Related Crimes Act is hereby Repeal of
repealed. Cap. 08:06
36. Notwithstanding the repeal effected under section 35 — Savings
(a) anything made, given, issued or done under the repealed Act
shall have the same effect as if it was made, given, issued or done
under this Act;
(b) any application made to a court under the repealed Act shall
continue to be dealt with and determined as if it was made under
this Act; and
(c) any legal proceedings which, before the coming into operation
of this Act, were pending shall be continued or enforced in the
same manner as they would have continued or were enforced
before the coming into operation of this Act.

PASSED by the National Assembly this 12th day of April, 2018.

BARBARA N. DITHAPO,
Clerk of the National Assembly.