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Protection of Information Act, 1982 (Act No. 84 of 1982)

5. Prohibition of certain acts prejudicial to security or interests of the Republic

 

(1) Any person who, for the purpose of gaining or assisting any other person to gain admission to any prohibited place, or for any other purpose prejudicial to the security or interests of the Republic—
(a) without lawful authority uses or wears any military, police or other official uniform of the Republic, or any uniform worn by a person employed at or in a prohibited place, or any uniform so closely resembling any of the said uniforms as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;
(b) orally or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes any false statement or omits any relevant fact;
(c) forges, alters or tampers with any passport or any official pass, permit, certificate, licence or other similar document (hereinafter in this section referred to as an official document), or uses or has in his possession any forged, altered or irregular official document;
(d) impersonates or falsely represents himself to be a person holding, or in the employment of a person holding, office under the Government, or to be or not to be a person to whom an official document or a secret official code or password has been duly issued or disclosed, or, with intent to obtain an official document or any secret official code or password, whether for himself or for any other person, knowingly makes any false statement; or
(e) uses or has in his possession or under his control, without lawful authority, any official die, seal or stamp of the Republic or any die, seal or stamp so closely resembling any such official die, seal or stamp as to be calculated to deceive, or counterfeits any such official die, seal or stamp, or uses or has in his possession or under his control any such counterfeited die, seal or stamp,

shall be guilty of an offence and liable on conviction to a fine not exceeding R5 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

 

(2)        Any person who—

(a) retains for any purpose prejudicial to the security or interests of the Republic any official document, whether or not completed or issued for use, when he has no right to retain it or when it is contrary to his duty to retain it, or neglects or fails to comply with any directions issued by lawful authority with regard to the return or disposal thereof;
(b) allows any other person to have possession of any official document issued for his use alone, or without lawful authority or excuse has in his possession any official document or secret official code or password issued for the use of some person other than himself, or, on obtaining possession of any official document, whether by finding or otherwise, neglects or fails to hand it over to the person or authority by whom or for whose use it was issued or to a member of the South African Police Service; or

[Section 5(2)(b) amended by section 4 of Act No. 18 of 1996]

(c) without lawful authority or excuse manufactures or sells, or has in his possession for sale, any die, seal or stamp referred to in paragraph (e) of subsection (1),

shall be guilty of an offence and liable on conviction to the penalties prescribed in subsection (1).