GOVERNMENT 23708 74 No. Act No. 25,2002 GAZElTE, 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (2) A person who performs any of the acts described in section 86 forthe purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic, is guilty of an offence. Attempt, and aiding and abetting 88. (1) Aperson who attempts to commit any of the offences referred to in sections 86 5 and 87 is guilty of an offence and is liable on conviction to the penaltiesset out in section 89(1) or (2), as the case may be. (2) Any person who aids and abets someone to commit any of the offences referredto in sections 86 and 87 is guilty of an offence and is liable on conviction to the penalties set out in section 89( 1) or ( 2 ) , as case the may be. 10 Penalties 89. ( 1 ) A person convicted of an offence referred to in sections 37(3), 40(2), 58(2), 80(5). 82(2) or 86(1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding 12 months. (2) A person convicted of an offence referred to in section 86(4) or ( 5 ) or section 87 15 is liable to a fine or imprisonment for a period not exceeding five years. CHAPTER XIV GENERAL PROVISIONS Jurisdiction of courts 90. A court in the Republic trying an offence in terms of this Act has jurisdiction 20 where(nj the offence was committed in the Republic; (bj any act of preparation towards the offence or any part of the offence was committed in the Republic,or where any result of the offence has had an effect in the Republic; 25 (c) the offence was committed by aSouth African citizen or a person with permanent residence in the Republic or by a person carrying on business in the Republic; or (d) the offence wascommitted on board any ship or aircraftregistered in the Republic or on a voyage or flight to or from the Republic at the time that the 30 offence was committed. Saving of common law 91. This Chapter does not affect criminal or civil liability in terms of the common law. Repeal of Act 57 of 1983 92. The Computer Evidence 1983, Act. is hereby repealed. 35 Limitation of liability 93. Neither the State, the Minister, nor any employee of the State is liable in respect of any act or omission in good faith and without gross negligence in performing a function in terms of this Act. Regulations 94. The Minister may make regulations regarding any matter that may or must be prescribed in terms of this Act or any matter which it is necessary or expedient to prescribe for the proper implementation or administration of this Act. 40