| (1) |
Without derogating from the generality of subsection (2)— |
| (a) |
'access to a computer' includes access by whatever means to any program or data contained in the random access memory of a computer or stored by any computer on any storage medium, whether such storage medium is physically attached to the computer or not, where such storage medium belongs to or is under the control of the prosecuting authority; |
| (b) |
'contents of any computer' includes the physical components of any computer as well as any program or data contained in the random access memory of a computer or stored by any computer on any storage medium, whether such storage medium is physically attached to the computer or not, where such storage medium belongs to or is under the control of the prosecuting authority; |
| (c) |
'modification' includes both a modification of a temporary or permanent nature; and |
| (d) |
'unauthorised access' includes access by a person who is authorised to use the computer but is not authorised to gain access to a certain program or to certain data held in such computer or is unauthorised, at the time when the access is gained, to gain access to such computer, program or data. |
| (2) |
Any person is guilty of an offence if he or she wilfully— |
| (a) |
gains, or allows or causes any other person to gain, unauthorised access to any computer which belongs to or is under the control of the prosecuting authority or to any program or data held in such a computer, or in a computer to which only certain or all members of the prosecuting authority have access in their capacity as members; or |
| (b) |
causes a computer which belongs to or is under the control of the prosecuting authority or to which only certain or all members of the prosecuting authority have access in their capacity as members, to perform a function while such person is not authorised to cause such computer to perform such function; or |
| (c) |
performs any act which causes an unauthorised modification of the contents of any computer which belongs to or is under the control of the prosecuting authority or to which only certain or all members of the prosecuting authority have access in their capacity as members with the intention to— |
| (i) |
impair the operation of any computer or of any program in any computer or of the operating system of any computer or the reliability of data held in such computer; or |
| (ii) |
prevent or hinder access to any program or data held in any computer. |
| (3) |
Any act or event for which proof is required for a conviction of an offence in terms of this section and which was committed or took place outside the Republic is deemed to have been committed or to have taken place in the Republic if— |
| (a) |
the accused was in the Republic at the time when he or she performed the act or any part thereof; or |
| (b) |
the computer, by means of which the act was done, or which was affected in a manner contemplated in subsection (2) by the act, was in the Republic at the time when the accused performed the act or any part thereof; or |
| (c) |
the accused was a South African citizen or domiciled in the Republic at the time of the commission of the offence. |
[Section 40A inserted by section 18 of Act No. 61 of 2000]
Intellectual Property Rights from Publicly Financed Research and
