A critical analysis of the format to obtain cell phone records in terms of Section 205 of the Criminal Procedure Act 51 of 1977
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Authors
Makuwa, Putiki Daniel
Issue Date
2021-09-26
Type
Dissertation
Language
en
Keywords
Criminal investigation , Cell phone , Cell phone records , Section 205 , Subpoena , Criminal Procedure Act (No. 51 of 1977) , Evidence , Digital evidence , Statement , Witness , Investigating officer , Prosecutor , Magistrate , Network service provider
Alternative Title
Abstract
In this study, the researcher critically analyses the format to obtain cell phone records in terms of Section 205 of the Criminal Procedure Act (No. 51 of 1977). The format to obtain cell phone records plays a vital role in the investigation of crime. To determine the importance of this format, the researcher has formulated the following research questions to address the research problem:
• What are the objectives of investigation?
• Which format should be used to obtain cell phone records in terms of Section 205 of the Criminal Procedure Act (No. 51 of 1977)?
A qualitative research design approach was adopted in this study. National and international sources of literature were consulted, in conjunction with semi-structured interviews conducted with Network Service Provider Forensic Personnel from Johannesburg and prosecutors from the Specialised Commercial Crime Unit in Pretoria.
The format to obtain cell phone records in terms of Section 205 of the Criminal Procedure Act (No. 51 of 1977) was formulated. A range of recommendations were proposed for more investigation on issues highlighted in the findings.