To regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums and the provision of certain communication-related information; to regulate the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communication-related information under certain circumstances; to regulate the execution of directions and entry warrants by law enforcement officers and the assistance to be given by postal service providers, telecommunication service providers and decryption key holders in the execution of such directions and entry warrants; to prohibit the provision of telecommunication services which do not have the capability to be intercepted; to provide for certain costs to be borne by certain telecommunication service providers; to provide for the establishment of interception centres, the Office for Interception Centres and the Internet Service Providers Assistance Fund; to prohibit the manufacturing, assembling, possessing, selling, purchasing or advertising of certain equipment; to create offences and to prescribe penalties for such offences; and to provide for matters connected therewith.
[S. 11 substituted by s. 97 of Act 36 of 2005.
[S. 40 substituted by s. 2 of Act 48 of 2008.
[S. 56 substituted by s. 97 of Act 36 of 2005.
62A inserted by s. 5 of Act 48 of 2008.
62B inserted by s. 5 of Act 48 of 2008.
62C inserted by s. 5 of Act 48 of 2008.
[S. 63 substituted by s. 6 of Act 48 of 2008.
[Definition of 'activate' inserted by s. 1 (a) of Act 48 of 2008.
[Definition of 'address' inserted by s. 1 (a) of Act 48 of 2008.
[Definition of 'customer' substituted by s. 1 (b) of Act 48 of 2008.
[Definition of 'electronic communication service provider' substituted for definition of 'telecommunication service provider' by s. 97 of Act 36 of 2005.
'telecommunication system', substituted by s. 97 of Act 36 of 2005.
'Electronic Communications Act' means the Electronic Communications Act, 2005. [Definition of 'Electronic Communications Act' inserted by s. 97 of Act 36 of 2005.
'telecommunication service', substituted by s. 97 of Act 36 of 2005.
[Definition of 'family member' inserted by s. 1 (c) of Act 48 of 2008.
[Definition of 'identification document' substituted by s. 1 (d) of Act 48 of 2008.
[Definition of 'identity number' inserted by s. 1 (e) of Act 48 of 2008.
[Definition of 'informal settlement' inserted by s. 1 (f) of Act 48 of 2008.
[Definition of 'internet service provider' substituted by s. 97 of Act 36 of 2005.
'Telecommunications Act' means the Telecommunications Act, 1996 (Act 103 of 1996).
a direct communication, in the course of its occurrence; or an indirect communication, in the course of its transmission by means of a postal service or telecommunication system, as the case may be; and the time during which an indirect communication is being transmitted by means of a telecommunication system includes any time when the telecommunication system by means of which such indirect communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.
A reference in this Act to the interception of a communication does not include a reference to the interception of any indirect communication which is broadcast or transmitted for general reception.
Subject to this Act, no person may intentionally intercept or attempt to intercept, or authorise or procure any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission.
postal service provider to whom an interception direction is addressed, may intercept any indirect communication, to which that interception direction relates.
Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.
unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.
participate in a direct communication or that a direct communication will be directed to him or her; or send or receive an indirect communication; and the interception of such direct or indirect communication is necessary on a ground referred to in section 16 (5) (a) , unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
which otherwise takes place in the course of the carrying on of that business, in the course of its transmission over a telecommunication system.
if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and if the system controller has made all reasonable efforts to inform in advance a person, who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.
the sole purpose of the interception is to prevent such bodily harm, intercept any communication or may orally request a telecommunication service provider to route duplicate signals of indirect communications specified in that request to the interception centre designated therein.
A telecommunication service provider must, upon receipt of a request made to him or her in terms of subsection (1), route the duplicate signals of the indirect communications concerned to the designated interception centre.
The law enforcement officer who made a request under subsection (1) must as soon as practicable after making that request, furnish the telecommunication service provider concerned with a written confirmation of the request which sets out the information given by that law enforcement officer to that telecommunication service provider in connection with the request.
A telecommunication service provider who, in terms of subsection (2), has routed duplicate signals of indirect communications to the designated interception centre must, as soon as practicable thereafter, submit an affidavit to a designated judge setting forth the steps taken by that telecommunication service provider in giving effect to the request concerned and the results obtained from such steps.
A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4) and (5), or cause it to be kept, for a period of at least five years.
any recording of the communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that law enforcement officer of the communication if nothing in the communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has been caused or is likely to be caused.
not a law enforcement officer, inform, or cause another person to inform, any law enforcement officer of the matters referred to in paragraphs (a) , (b) and (c).
(ii), may, if he or she is of the opinion that determining the location of the sender is likely to be of assistance in dealing with the emergency, orally request, or cause another law enforcement officer to orally request, the telecommunication service provider concerned to act as contemplated in subsection (1) (i) (aa) or (bb).
intercept any communication to or from the sender for purposes of determining his or her location; or determine the location of the sender in any other manner which the telecommunication service provider deems appropriate, and if the location of the sender has been so determined, the telecommunication service provider concerned must, as soon as practicable after determining that location, provide the law enforcement officer who made the request with the location of the sender and any other information obtained from that interception which, in the opinion of the telecommunication service provider concerned, is likely to be of assistance in dealing with the emergency.
as soon as practicable after making that request, furnish a designated judge with a copy of such written confirmation; and if the location of the sender and any other information has been provided to him or her in terms of subsection (3), as soon as possible after receipt thereof, submit to a designated judge an affidavit setting forth the results and information obtained from that interception.
an affidavit setting forth the steps taken by that telecommunication service provider in giving effect to the request concerned and the results and information obtained from such steps; and if such steps included the interception of an indirect communication, any recording of that indirect communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that telecommunication service provider of that indirect communication.
A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4) (b) and (c) and (5), or cause it to be kept, for a period of at least five years.
Any communication may, in the course of its occurrence or transmission, be intercepted in any prison as defined in section 1 of the Correctional Services Act, 1998 (Act 111 of 1998), if such interception takes place in the exercise of any power conferred by or under, and in accordance with, any regulations made under that Act.
were made prior to the fixed date, the Cabinet member responsible for correctional services must within one month after the fixed date, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within one month after the commencement of its next ensuing ordinary session, submit a copy of those regulations to Parliament; or are made after the fixed date, the Cabinet member responsible for correctional services must, before the publication thereof in the Gazette , submit those regulations to Parliament.
operation or maintenance of a telecommunication system; or installation, connection or maintenance of any interception device used, or intended to be used, for the interception of a communication under an interception direction, may, in the ordinary course of the performance of those duties, monitor a signal relating to an indirect communication where it is reasonably necessary for that person to monitor that signal for purposes of performing those duties effectively.
Any person appointed as an inspector in terms of section 17F of the Independent Communications Authority of South Africa Act and who is lawfully engaged in performing the functions of the Authority relating to the management of the radio frequency spectrum, as contemplated in section 30 (1) of the Electronic Communications Act, may, in the ordinary course of the performance of those functions, monitor a signal or radio frequency spectrum relating to an indirect communication which is transmitted over radio, where it is reasonably necessary for that employee to monitor that signal or radio frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or interfering use of such a signal or frequency or of a transmission.
Subject to this Act, no telecommunication service provider or employee of a telecommunication service provider may intentionally provide or attempt to provide any real-time or archived communication-related information to any person other than the customer of the telecommunication service provider concerned to whom such real-time or archived communication-related information relates.
Subject to this Act, any telecommunication service provider to whom a real-time communication-related direction or an archived communication-related direction is addressed, may provide any real-time or archived communication-related information to which that real-time communication-related direction or archived communication-related direction relates.
Any telecommunication service provider may, upon the written authorisation given by his or her customer on each occasion, and subject to the conditions determined by the customer concerned, provide to any person specified by that customer, real-time or archived communication-related information which relates to the customer concerned.
Subject to subsection (2), the availability of the procedures in respect of the provision of real-time or archived communication-related information provided for in sections 17 and 19 does not preclude obtaining such information in respect of any person in accordance with a procedure prescribed in any other Act.
Any real-time or archived communication-related information which is obtained in terms of such other Act may not be obtained on an ongoing basis.
An applicant may apply to a designated judge for the issuing of an interception direction.
comply with any supplementary directives relating to applications for interception directions issued under section 58.
if the offence allegedly has been or is being or will be committed by a member of the Police Service; or in respect of a death in police custody or as a result of police action.
Notwithstanding section 2 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue an interception direction.
property is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities.
may specify conditions or restrictions relating to the interception of communications authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein.
An application must be considered and an interception direction issued without any notice to the person or customer to whom the application applies and without hearing such person or customer.
A designated judge considering an application may require the applicant to furnish such further information as he or she deems necessary.
The interception of a communication under an interception direction to which the requirements of subsections (2) (d) (i) (aa) and (5) (b) (ii) do not apply by reason of subsection (8) (a) may not take place until the place at which the communication is to be intercepted is determined by the authorised person who executes the interception direction concerned or assists with the execution thereof.
A telecommunication service provider to whom an interception direction referred to in subsection (8) (b) is addressed, may in writing apply to a designated judge for an amendment or the cancellation of the interception direction concerned on the ground that his or her assistance with respect to the interception of the indirect communication cannot be performed in a timely or reasonable fashion.
A designated judge to whom an application is made in terms of paragraph (a) must, as soon as possible after receipt thereof inform the applicant concerned of that application; and consider and give a decision in respect of the application.
interception direction authorises the interception only for such time as it is reasonable to presume that the customer identified in the application is or was reasonably close to the instrument through which such communication will be or was transmitted.
If no interception direction has been issued and only real-time communicationrelated information on an ongoing basis is required, an applicant may apply to a designated judge for the issuing of a real-time communication-related direction.
Notwithstanding section 12 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue a real-time communication-related direction.
comply with any supplementary directives relating to applications for real-time communication-related directions issued under section 58.
and that the provision of real-time communication-related information is necessary for purposes of investigating such offence or gathering such information.
may specify conditions or restrictions relating to the provision of realtime communication-related information authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein.
Section 16 (3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, a real-time communication-related direction.
provision of real-time and archived communication-related information, are required, an applicant may, subject to sections 16 (2) and (3), 17 (1) and (2) and 19 and (2), in a combined application, apply to a designated judge for the simultaneous issuing of any combination of directions referred to in those sections.
If an interception direction has been issued under section 16, the applicant who made the application in respect of the interception direction concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, may, subject to section 17 (1) and (2), apply to a designated judge for the issuing of a real-time communication-related direction to supplement that interception direction.
be made at any stage after the issuing of the interception direction concerned, but before the expiry of the period or extended period for which it has been issued.
subsection (1) and subject to sections 16 (5), (6) and (7), 17 (4), (5) and (6) and 19 (4), (5) and (6), issue the combination of directions applied for; or subsection (2) and subject to section 17 (4), (5) and (6), issue a realtime communication-related direction to supplement that interception direction: Provided that a real-time communication-related direction issued under this paragraph expires when the period or extended period for which the interception direction concerned has been issued, lapses.
an application in terms of subsection (1) for the issuing of an archived communication-related direction may only be made to a designated judge; and only a designated judge may issue an archived communication-related direction under subsection (3) (a).
If only archived communication-related information is required, an applicant may apply to a judge of a High Court, a regional court magistrate or a magistrate for the issuing of an archived communication-related direction.
contain, with the necessary changes, the information referred to in section 17 (2); and comply with any supplementary directives relating to applications for archived communication-related directions issued under section 58.
Notwithstanding section 12 or anything to the contrary in any other law contained, a judge of a High Court, a regional court magistrate or a magistrate may, upon an application made to him or her in terms of subsection (1), issue an archived communication-related direction.
accordance with an international mutual assistance agreement; or the interests of the Republic's international relations or obligations; or the gathering of information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities is necessary, and that the provision of archived communication-related information is necessary for purposes of investigating such offence or gathering such information.
may specify conditions or restrictions relating to the provision of archived communication-related information authorised therein.
Section 16 (3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, an archived communication-related direction.
If a judge of a High Court, regional court magistrate or magistrate issues an archive communication-related direction, he or she must, as soon as practicable thereafter, submit a copy of the application and archived communication-related direction concerned to a designated judge.
A designated judge must keep all copies of applications and archived communication-related directions submitted to him or her in terms of subsection (7), or cause it to be kept, for a period of at least five years.
The applicant who made the application in respect of an existing direction or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the existing direction concerned, but before the expiry of the period for which it has been issued, apply to a designated judge for an amendment thereof or the extension of the period for which it has been issued.
contain an affidavit setting forth the results obtained from the direction concerned from the date of its issuance up to the date on which that application is made, or a reasonable explanation of the failure to obtain such results; and comply with any supplementary directives relating to applications for the amendment or extension of directions issued under section 58.
amend an existing direction; or extend the period for which an existing direction has been issued.
An existing direction may only be amended or the period for which it has been issued may only be extended if the designated judge concerned is satisfied, on the facts alleged in the application concerned, that the amendment or extension is necessary for purposes of achieving the objectives of the direction concerned: Provided that the period for which an existing direction has been issued may only be extended for a further period not exceeding three months at a time.
Any amendment of an existing direction or extension of the period for which it has been issued, must be in writing.
Section 16 (7) applies, with the necessary changes, in respect of the amendment of an existing direction or the extension of the period for which an existing direction has been issued.
made an application referred to in section 16 (1) or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the interception direction in respect of which such an application was made, but before the expiry of the period or extended period for which it has been issued, apply to a designated judge for the issuing of a decryption direction.
proof that an interception direction has been issued; and an affidavit setting forth the results obtained from the interception direction concerned from the date of its issuance up to the date on which that application is made, or a reasonable explanation of the failure to obtain such results; and comply with any supplementary directives relating to applications for decryption directions issued under section 58.
A designated judge may, upon an application made to him or her in terms of subsection (1), issue a decryption direction.
the extent and nature of any other encrypted information, in addition to the encrypted information in respect of which the decryption direction is to be issued, to which the decryption key concerned is also a decryption key; and any adverse effect that the issuing of the decryption direction might have on the business carried on by the decryption key holder to whom the decryption direction is addressed.
may specify conditions or restrictions relating to decryption authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein: Provided that a decryption direction expires when the period or extended period for which the interception direction concerned has been issued, lapses.
Section 16 (7) applies, with the necessary changes, in respect of the issuing of a decryption direction.
made an application referred to in section 16 (1) or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the interception direction in respect of which such an application was made, but before the expiry of the period or extended period for which it has been issued, apply to a designated judge for the issuing of an entry warrant.
indicate whether any previous application has been made for the issuing of an entry warrant for the same purpose or in respect of the same premises specified in the application and, if such previous application exists, must indicate the current status of that application; and comply with any supplementary directives relating to applications for entry warrants issued under section 58.
A designated judge may, upon an application made to him or her in terms of subsection (1), issue an entry warrant.
the entry of the premises concerned is necessary for a purpose referred to in the definition of 'entry warrant'; or there are reasonable grounds to believe that it would be impracticable to intercept a communication under the interception direction concerned otherwise than by the use of an interception device installed on the premises.
must contain the information referred to in subsection (2) (a) (ii) and (iii); and may contain conditions or restrictions relating to the entry upon the premises concerned as the designated judge deems necessary.
it is cancelled in terms of section 23 (11) or 25 (1) or (2) by the designated judge who issued it or, if he or she is not available, by any other designated judge, whichever occurs first.
Section 16 (7) applies, with the necessary changes, in respect of the issuing of an entry warrant.
If an entry warrant has expired as contemplated in subsection (6) (a) , the applicant who made the application in respect of the entry warrant concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, must, as soon as practicable after the date of expiry of the entry warrant concerned, and without applying to a judge for the issuing of a further entry warrant, remove, or cause to be removed, any interception device which has been installed thereunder and which, at the date of expiry of that entry warrant, has not yet been removed from the premises concerned.
An application referred to in section 16 (1), 17 (1), 18 (1), 21 (1) or 22 (1) may be made orally by an applicant who is entitled to make such an application if he or she is of the opinion that it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written application.
indicate the particulars of the urgency of the case or the other exceptional circumstances which, in the opinion of the applicant, justify the making of an oral application; and comply with any supplementary directives relating to oral applications issued under section 58.
Notwithstanding sections 2 and 12 or anything to the contrary in any other law contained, a designated judge may, upon an oral application made to him or her in terms of subsection (1), issue the direction or entry warrant applied for.
on condition that the applicant concerned must submit a written application to the designated judge concerned within 48 hours after the issuing of the direction or entry warrant under subsection (3).
A direction or entry warrant issued under subsection (3) must be in writing.
Section 16 (5) (b) and (c) , (6) and (7), 17 (5) and (6), 21 (4) (b) , (5) and (6) or 22 (5), (6), (7) and (8), whichever is applicable, applies, with the necessary changes, in respect of the issuing of a direction or an entry warrant under subsection (3).
Notwithstanding subsection (5), a designated judge may, upon an oral application made to him or her in terms of subsection (1), orally issue the direction or entry warrant applied for.
it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances to issue the direction or entry warrant applied for in writing; or any other exceptional circumstances exist which justify the issuing of an oral direction or oral entry warrant; and on condition that the applicant concerned must submit a written application to the designated judge concerned within 48 hours after the issuing of the oral direction or oral entry warrant under subsection (7).
Section 16 (5) (b) and (c) , (6) (b) , (c) and (d) and (7), 17 (5) (b) , (c) and (d) and (6), 21 (4) (b) , (5) (b) , (c) , (d) and (e) and (6) or 22 (5) (b) and (c) , (6), (7) and (8), applies, with the necessary changes, in respect of the issuing of an oral direction or oral entry warrant under subsection (7).
contents thereof; and period for which it has been issued; and confirm that oral direction or oral entry warrant in writing within 12 hours after the issuing thereof.
(b) , reconsider that application whereupon he or she may confirm, amend or cancel that direction, entry warrant, oral direction or oral entry warrant.
cancelled in terms of subsection (11), section 25 (3), (4) and (5) applies with the necessary changes.
the progress that has been made towards achieving the objectives of the direction or entry warrant concerned; and any other matter which the designated judge deems necessary; or on the date of expiry of the entry warrant concerned, on whether the interception device has been removed from the premises concerned and, if so, the date of such removal.
objectives of the direction or entry warrant concerned have been achieved; or ground on which the direction or the purpose for which the entry warrant concerned was issued, has ceased to exist.
a direction or an entry warrant under section 23 (3); or an oral direction or oral entry warrant, or, if he or she is not available, any other designated judge who would have been entitled to issue such a direction, entry warrant, oral direction or oral entry warrant, must cancel that direction, entry warrant, oral direction or oral entry warrant if the applicant concerned fails to comply with section 23 (4) (b) or (8) (b).
the applicant concerned; and if applicable, the postal service provider, telecommunication service provider or decryption key holder concerned, of such cancellation.
If an entry warrant or oral entry warrant is cancelled in terms of subsection (1) or (2), the applicant concerned must, as soon as practicable after having been informed of such cancellation, remove, or cause to be removed, any interception device which has been installed under the entry warrant or oral entry warrant concerned.
the contents of any communication intercepted under that direction or oral direction will be inadmissible as evidence in any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, unless the court is of the opinion that the admission of such evidence would not render the trial unfair or otherwise be detrimental to the administration of justice; or any postal article that was taken into possession under that direction or oral direction must be dealt with in accordance with section 26 (4).
law enforcement officer may execute that direction; or law enforcement officer or other person may assist with the execution thereof, if the law enforcement officer or person concerned has been authorised by the applicant who made the application for the issuing of the direction concerned to execute that direction or to assist with the execution thereof.
A direction issued under this Act upon an application made by an applicant referred to in paragraph (f) of the definition of 'applicant' may only be executed by a law enforcement officer authorised thereto in writing by the applicant concerned, after consultation with the National Commissioner, if that law enforcement officer is a member of the Police Service, or the National Director, if that law enforcement officer is a member of the Directorate or of any component referred to in paragraph (e) of the definition of 'law enforcement agency'.
The applicant concerned may authorise such number of authorised persons to assist with the execution of the direction as he or she deems necessary.
An authorised person who executes a direction or assists with the execution thereof may intercept, at any place in the Republic, any communication in the course of its occurrence or transmission to which the direction applies.
in the opinion of the applicant concerned, cannot be returned in terms of subparagraph (i) without prejudice to the public health or safety, national security or compelling national economic interests of the Republic, as the case may be.
If an entry warrant has been issued, any authorised person who executes the interception direction in respect of which that entry warrant has been issued or assists with the execution thereof may, at any time during which the entry warrant is of force, without prior notice enter the premises specified in the entry warrant and perform any act relating to the purpose, referred to in the definition of 'entry warrant', for which the entry warrant concerned has been issued.
route the duplicate signals of indirect communications to which that interception direction applies to the designated interception centre concerned; or make available the necessary assistance and, subject to section 46 (7) (b) , the necessary facilities and devices to enable the authorised person concerned to effect the necessary connections in order to intercept any indirect communications to which the interception direction applies.
real-time communication-related information specified in the real-time communication-related direction concerned immediately; or archived communication-related information specified, and within the period stated, in the archived communication-related direction concerned, to the law enforcement agency concerned, in the form as specified in that real-time communication-related direction or archived communication- related direction.
If a decryption direction or a copy thereof is handed to the decryption key holder to whom the decryption direction is addressed by the authorised person who executes that decryption direction or assists with the execution thereof, the decryption key holder concerned must within the period stated in the decryption direction disclose the decryption key; or provide the decryption assistance, specified in the decryption direction concerned, to the authorised person concerned.
may only disclose the decryption key or provide the decryption assistance to the authorised person who executes that decryption direction or assists with the execution thereof; and may not disclose any other information, which is not specified in that decryption direction, relating to the customer in respect of whose encrypted information the decryption key has been disclosed or the decryption assistance has been provided.
A decryption key holder to whom a decryption direction is addressed and who is in possession of both the encrypted information and the decryption key thereto may use any decryption key in his or her possession to provide decryption assistance; and must, in providing such decryption assistance, make a disclosure of the encrypted information in an intelligible form.
A decryption key holder who, in terms of a decryption direction, is required to provide decryption assistance in respect of any encrypted information, will be regarded as having complied with that requirement if he or she instead of providing such decryption assistance, discloses any decryption key to the encrypted information that is in his or her possession; and makes such a disclosure, in accordance with the decryption direction concerned, to the authorised person to whom, and by the time by which, he or she was required to provide the decryption assistance.
not in possession of the encrypted information; or incapable, without the use of a decryption key that is not in his or her possession, to comply fully with that decryption direction, the decryption key holder concerned must endeavour to comply, to the best of his or her ability, with that decryption direction.
it will not be necessary, for purposes of complying with the decryption direction concerned, for the decryption key holder to disclose any decryption keys in addition to those the disclosure of which, alone, is sufficient to enable the authorised person to whom they are disclosed to obtain access to the encrypted information and to put it into an intelligible form; or the decryption key holder may select which of the decryption keys, or combination of decryption keys, to disclose for purposes of complying with the decryption direction concerned.
is in possession of any information that would facilitate the obtaining or discovery of the decryption key or the provision of decryption assistance, he or she must disclose all such information as is in his or her possession to the authorised person who executes the decryption direction or assists with the execution thereof.
no criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, will be instituted in connection with such records; or such records will not be required at any such criminal or civil proceedings for purposes of evidence or for purposes of an order of court.
provide a telecommunication service which has the capability to be intercepted; and store communication-related information.
type of communication-related information which must be stored in terms of subsection (1) (b) and the period for which such information must be stored, which period may, subject to subsection (8), not be less than three years and not more than five years from the date of the transmission of the indirect communication to which that communication-related information relates; and determine a period, which may not be less than three months and not more than six months from the date on which a directive referred to in paragraph (a) is issued, for compliance with such a directive, and the period so determined must be mentioned in the directive concerned.
[Sub-s. (2) amended by s. 97 of Act 36 of 2005.
manner of routing duplicate signals of indirect communications to designated interception centres in terms of section 28 (1) (b) (i); and manner of routing real-time or archived communication-related information to designated interception centres in terms of section 28 (2) (a) ; and may prescribe any other matter which the Cabinet member responsible for communications, in consultation with the Minister and the other relevant Ministers and after consultation with the Authority, deems necessary or expedient.
complying with section 28 (1) (b) (i) and (2) (a) , must be borne by that telecommunication service provider.
A directive issued under subsection (2) (a) may in like manner be amended or withdrawn.
(iii), the Cabinet member responsible for communications may, upon application by the telecommunication service provider concerned and in consultation with the relevant Ministers, reduce that period to a period which may not be less than three years by issuing an amended directive under subsection (2) (a).
determine a period, which may not be less than three months and not more than six months from the date on which a directive referred to in paragraph (a) is issued, for compliance with such a directive, and the period so determined must be mentioned in the directive concerned.
[Sub-s. (7) amended by s. 97 of Act 36 of 2005.
the forms of assistance in the execution of a direction for which a postal service provider, telecommunication service provider or decryption key holder must be compensated; and reasonable tariffs of compensation payable to a postal service provider, telecommunication service provider or decryption key holder for providing such prescribed forms of assistance.
may differ in respect of different categories of postal service providers, telecommunication service providers or decryption key holders; and must be uniform in respect of each postal service provider, telecommunication service provider or decryption key holder falling within the same category.
A notice issued under paragraph (a) may at any time in like manner be amended or withdrawn.
The first notice to be issued under paragraph (a) must be published in the Gazette within three months after the fixed date.
The compensation payable to a postal service provider, telecommunication service provider or decryption key holder in terms of this section will only be for direct costs incurred in respect of personnel and administration which are required for purposes of providing any of the forms of assistance contemplated in subsection (1) (a) (i).
Any notice issued under subsection (1) must, before publication thereof in the Gazette , be submitted to Parliament.
provision of decryption assistance.
acquire, install and maintain connections between telecommunication systems and interception centres; and administer the interception centres.
The Minister must exercise final responsibility over the administration and functioning of interception centres.
obtaining any kind of licence required by that Act; and paying any fees payable in terms of that Act.
[Sub-s. (3) amended by s. 97 of Act 36 of 2005.
The Minister must enter into service level agreements with the relevant Ministers in respect of the provision of services by the interception centres to the law enforcement agencies.
The Executive Director may enter into agreements with the National Commissioner and National Director to make use of the services of interception centres, including the cost thereof.
There is hereby established an office to be known as the Office for Interception Centres.
The Minister and the relevant Ministers must, from among their respective Departments, second a member or an officer to the Office as the Director: Office for Interception Centres, who will be the head of the Office.
The Director may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, subject to the control and directions of the Minister.
Whenever the Director is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as Director is pending, the Minister and the relevant Ministers may, from among their respective Departments, designate a member or an officer to the Office as Acting Director, to exercise the powers, perform the functions and carry out the duties of the Director.
National Director; and officers of any other Department of State seconded to the Office, for a particular service.
with his or her consent; and after a security clearance has been issued by the Agency in respect of that member or officer.
is, for purposes of the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, accountable to the Minister.
A member or an officer seconded or designated in terms of section 34 (4) may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director, subject to the control and directions of the Director.
The law enforcement agencies and other Departments of State must render such assistance as may be reasonably required in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon the Director by the Minister or under this Act.
The Minister must in respect of every interception centre to be established by section 32 (1) (a) , request the persons referred to in section 34 (4) (a) (i) to (v) to second a member or an officer from among their respective Departments to such interception centre as head of the interception centre in terms of the laws regulating such secondment.
The head of an interception centre may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act, subject to the control and directions of the Director.
Whenever the head of an interception centre is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as head of an interception centre is pending, the Minister may request the persons referred to in section 34 (4) (a) (i) to (v), to designate, from among their respective Departments, a member or an officer to that interception centre as acting head of the interception centre concerned, to exercise the powers, perform the functions and carry out the duties of the head of that interception centre.
members of the law enforcement agencies, seconded or designated to the interception centre concerned for that purpose by the persons referred to in section 34 (4) (a) (i) to (v); and officers of any other Department of State seconded to the Office, for a particular service.
A member or an officer seconded or designated in terms of subsection (4) may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or the head of the interception centre concerned, subject to the control and directions of the head of the interception centre concerned.
In order to achieve the objects of this Act, the head of an interception centre must exercise control over members and officers seconded or designated to the interception centre in terms of subsection (4).
The head of an interception centre must keep or cause to be kept proper records of such information as may be prescribed by the Director in terms of section 35 (1) (f).
such activities at the interception centre or on any other matter relating to this Act which the Director requests the head of the interception centre to deal with in such report.
Notwithstanding paragraph (a) , a head of an interception centre may at any stage submit a report to the Director on any matter which, in the opinion of the head concerned, should urgently be brought to the attention of the Director.
The Director must, upon receipt of a report contemplated in subsection (2) (a) , submit a copy of that report to the Minister and the Chairperson of the Joint Standing Committee on Intelligence established by section 2 of the Intelligence Services Control Act, 1994 (Act 40 of 1994).
There is hereby established a fund to be known as the Internet Service Providers Assistance Fund.
The money in the Fund must be utilised for acquiring, whether by purchasing or leasing, facilities and devices for purposes of section 46 (7) (b) ; and the expenses involved in the control and management of the Fund.
money accruing to the Fund from any other source.
Management Act, 1999 (Act 1 of 1999).
The Minister, in consultation with the relevant Ministers, must make recommendations to the Director relating to the utilisation of the money in the Fund as contemplated in subsection (3) (a).
Any money in the Fund which is not required for immediate use must be invested by the Director with a banking institution approved by the Minister, in consultation with the Cabinet member responsible for national financial matters, and may be withdrawn when required.
Any unexpended balance of the money in the Fund at the end of any financial year must be carried forward as a credit in the Fund to the next financial year.
The Fund and the records referred to in subsection (5) (c) must be audited by the Auditor-General.
must cause the necessary accounting and other related records to be kept.
may obtain from such person any other information which the telecommunication service provider deems necessary for purposes of this Act.
the telephone number or any other number allocated to the person concerned; and any other information in respect of the person concerned which the telecommunication service provider concerned may require in order to enable him or her to identify that person.
provide the applicant with the telephone number or any other number allocated to that person by that telecommunication service provider; and furnish the applicant with a photocopy of the identification document of that person which is retained by that telecommunication service provider in terms of subsection (1) (a) (ii).
A telecommunication service provider who receives a request referred to in subsection (3) must immediately comply with that request if the person specified in the request is a customer of the telecommunication service provider concerned.
Subject to paragraph (b) , an electronic communication service provider who provides a mobile cellular electronic communications service shall not activate a SIM-card on its electronic communication system unless subsection (2) has been complied with.
Paragraph (a) does not apply to a customer of an electronic communication service provider who provides a mobile cellular electronic communications service outside the Republic who enters the geographical coverage area of a mobile cellular electronic communication service provider in the Republic and uses the electronic communication system of such provider to make, receive and send voice calls or data or access other services.
in the case of a person who is a South African citizen or is lawfully and permanently resident in the Republic, the full names and surname, identity number and at least one address of such person who requests that a SIM-card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider; or is not a South African citizen or who is not permanently resident in the Republic, and who requests that a SIM-card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider, the full names and surname, identity number and at least one address of such person and the country where the passport was issued; or in the case of a juristic person the full names, surname, identity number and an address of the authorised representative of the juristic person; and the name and address of the juristic person and, where applicable, the registration number of the juristic person.
the authority of the representative of a juristic person.
the authority of the representative of the juristic person by means of a letter of authority or an affidavit.
the facility in or on which the information is recorded and stored, are secure and only accessible to persons specifically designated by that electronic communication service provider.
The Minister may, in consultation with the Cabinet member responsible for communications, by notice in the Gazette , determine security standards relating to the matters contemplated in paragraph (a).
verify the particulars contemplated in subsection (2) (a).
An electronic communication service provider must, upon receipt of the information provided in terms of paragraph (a) , immediately record and store the information as contemplated in subsection (2).
confirm that the person specified in the request is or was a customer of that electronic communication service provider; and provide the applicant with the information recorded and stored in terms of subsection (2).
An electronic communication service provider who receives a request referred to in paragraph (a) must immediately comply with that request if the person specified in the request is or was a customer of the electronic communication service provider concerned.
If an employee or agent of an electronic communication service provider knows or suspects that an identification document submitted for verification as contemplated in subsection (3) is false, he or she must, within 24 hours, report the matter to a police official at any police station.
all particulars as required in subsection (2) in respect of the person who is to receive the SIM-card.
which must, on production of a direction, be provided to an applicant within 12 hours.
a customer has cancelled his or her contract with the electronic communication service provider; or the electronic communication service provider has ended the electronic communications service provided to the customer.
[Date of commencement of s. 40: 1 July 2009.
Whenever a cellular phone or SIM-card is lost, stolen or destroyed, the owner of that cellular phone or SIM-card, or any other person who was in possession, or had control, thereof when it was so lost, stolen or destroyed, must within a reasonable time after having reasonably become aware of the loss, theft or destruction of the cellular phone or SIM-card, report such loss, theft or destruction in person or through a person authorised thereto by him or her, to a police official at any police station.
A police official who receives a report contemplated in subsection (1), must immediately provide the person who makes the report with written proof that the report has been made or, in the case of a telephonic report, with the official reference number of the report.
A record of every report made in terms of subsection (1) must be kept at the police station where such a report has been made.
a report contemplated in subsection (1) must be made; and (bb) records contemplated in subsection (3) must be kept; and information to be contained in such a report or record.
Any directive issued under paragraph (a) may at any time in like manner be amended or withdrawn.
Any directive issued under paragraph (a) must, before the implementation thereof, be submitted to Parliament.
to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act.
postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the exercising of his or her powers or the performance of his or her duties in terms of this Act; or employee of a postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercising of any power or the performance of any duty in terms of this Act, whether that employee is involved in the exercising of that power or the performance of that duty or not, except for the purposes mentioned in subsection (1).
a decryption key is being or has been or will probably be disclosed or that decryption assistance is being or has been or will probably be provided; and an interception device is being or has been or will probably be installed.
the contents of any communication intercepted under that direction, or evidence derived therefrom; or real-time or archived communication-related information provided under that direction, may disclose such contents or evidence or real-time or archived communication-related information to another law enforcement officer, to the extent that such disclosure is necessary for the proper performance of the official duties of the authorised person making or the law enforcement officer receiving the disclosure; or use such contents or evidence or real-time or archived communication-related information to the extent that such use is necessary for the proper performance of his or her official duties.
The Minister must, by notice in the Gazette , declare any electronic, electromagnetic, acoustic, mechanical or other instrument, device or equipment, the design of which renders it primarily useful for purposes of the interception of communications, under the conditions or circumstances specified in the notice, to be listed equipment.
consult the relevant Ministers; and cause to be published in the Gazette a draft of the proposed notice, together with a notice inviting all interested parties to submit to him or her in writing and within a specified period, comments and representations in connection with the proposed notice.
A period of not less than one month must elapse between the publication of the draft notice and the notice under subsection (1).
if the Minister, in pursuance of comments and representations received in terms of subsection (2) (a) (ii), decides to publish a notice referred to in subsection (1) in an amended form; and to any declaration in terms of subsection (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay.
Subject to subsection (2) and section 46, no person may manufacture, assemble, possess, sell, purchase or advertise any listed equipment.
Subsection (1) does not apply to any telecommunication service provider or other person who, or law enforcement agency which, manufactures, assembles, possesses, sells, purchases or advertises listed equipment under the authority of a certificate of exemption issued to him or her or it for that purpose by the Minister under section 46.
law enforcement agency from the prohibited acts of possessing and purchasing referred to in section 45 (1), for such period and on such conditions as the Minister determines.
A condition referred to in paragraph (a) may include that an Internet service provider to whom an exemption has been granted under paragraph (a) (i) must pay as an annual contribution to the Fund such amount as the Minister determines in each case.
special circumstances exist which justify such exemption.
law enforcement agency, concerned, a certificate of exemption in which his or her or its name and the scope, period and conditions of the exemption are specified.
must be published in the Gazette ; and becomes valid upon the date of such publication.
The Minister must, before he or she publishes a certificate of exemption in terms of subsection (3) (b) (i), table such certificate in the National Assembly for approval.
The National Assembly may reject a certificate tabled in terms of paragraph (a) within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.
If the National Assembly rejects such a certificate, the Minister may table an amended certificate in the National Assembly.
such certificate will be deemed to have been approved by the National Assembly; and the Minister must publish that certificate in terms of subsection (3) (b) (i) within one month thereafter.
A certificate of exemption contemplated in subsection (3) may at any time in like manner be amended or withdrawn by the Minister.
termination of the period for which it was granted; or withdrawal of the relevant certificate under subsection (5).
If an exemption has been granted to an Internet service provider under subsection that Internet service provider will be subject to all the other applicable provisions of this Act; and the law enforcement agency which made the application for the issuing of the direction which is addressed to such Internet service provider, must make available the necessary facilities and devices to execute that direction.
rejects the amended certificate within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session, paragraph (c) and this paragraph apply.
Information regarding the commission of any criminal offence, obtained by means of any interception, or the provision of any real-time or archived communication-related information, under this Act, or any similar Act in another country, may be admissible as evidence in criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act.
Any information obtained by the application of this Act, or any similar Act in another country, may only be used as evidence in any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, with the written authority of the National Director, or any member of the prosecuting authority authorised thereto in writing by the National Director.
specifies the contents of such direction, shall, upon its mere production at such proceedings, be prima facie proof that the designated judge, judge of a High Court, regional magistrate or magistrate concerned received and considered such application, issued such direction and of the contents thereof.
Any person who intentionally intercepts or attempts to intercept, or authorises or procures any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission, is guilty of an offence.
interception of a communication as contemplated in sections 3, 4, 5, 6, 7, 8 and 9; or monitoring of a signal or radio frequency spectrum as contemplated in sections 10 and 11.
Any telecommunication service provider or employee of a telecommunication service provider who intentionally provides or attempts to provide any real-time or archived communication-related information to any person other than the customer of the telecommunication service provider concerned to whom such real-time or archived communication-related information relates, is guilty of an offence.
Subsection (1) does not apply to the provision of real-time or archived communication-related information as contemplated in sections 13, 14 and 15.
[Sub-para. (i) substituted by s. 3 (a) of Act 48 of 2008.
obstructs, hinders or interferes with an authorised person who executes any direction or entry warrant issued under this Act or assists with the execution thereof, in the exercising of his or her powers under that direction or entry warrant, is guilty of an offence.
paragraph (a) or in section 49 (1) or 54, is liable to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or section 52, 53 (1) or 55 (1), is liable to a fine or to imprisonment for a period not exceeding two years.
performs an act contemplated in subsection (1) (a) (iii), (v) or (vii), is guilty of an offence.
(aa) natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or (bb) juristic person, to a fine not exceeding R5 000 000; or an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or (bb) juristic person, to a fine not exceeding R5 000 000; or an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
section 40 (1), (2), (3), (4) or any determination made thereunder, (6), (7), (9) or (10); or section 62 (6) (a) , (b) , (c) or (d) , is guilty of an offence and liable on conviction to a fine not exceeding R100 000 for each day on which such failure to comply continues.
[Sub-s. (3A) inserted by s. 3 (b) of Act 48 of 2008.
Any customer or person who fails to comply with section 40 (5) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
[Sub-s. (3B) inserted by s. 3 (b) of Act 48 of 2008.
An employee or agent of an electronic communication service provider who fails to comply with section 40 (8), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
[Sub-s. (3C) inserted by s. 3 (b) of Act 48 of 2008.
juristic person contemplated in section 62C (1); or person contemplated in section 62C (2), who fails to comply with section 62C, is guilty of an offence and liable on conviction to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
[Sub-s. (3D) inserted by s. 3 (b) of Act 48 of 2008.
[Para. (b A) inserted by s. 3 (c) of Act 48 of 2008.
subsection (4) (a) (i) does not relieve any decryption key holder or any employee of such a decryption key holder of the obligation to comply with section 29 (1).
Notwithstanding anything to the contrary in any other law contained, a magistrate's court may impose any penalty provided for in this Act.
in good faith assists an authorised person with the execution of a direction; and believes on reasonable grounds that such authorised person is acting in accordance with such a direction, is liable to prosecution for a contravention of this Act.
Any person who is found in possession of any cellular phone or SIM-card in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, is guilty of an offence.
Any person who in any manner acquires or receives into his or her possession from any other person a stolen cellular phone or SIM-card without having reasonable cause for believing at the time of such acquisition or receipt that such cellular phone or SIM-card is the property of the person from whom he or she acquires or receives it or that such person has been duly authorised by the owner thereof to deal with it or dispose of it, is guilty of an offence.
In the absence of evidence to the contrary which raises a reasonable doubt, proof of such possession is sufficient evidence of the absence of reasonable cause.
allows any other person to perform any of the acts referred to in paragraph (a) or (b) , is guilty of an offence.
modifies, tampers with or interferes with, any interception or monitoring equipment, device or apparatus installed or utilised in terms of this Act; or allows any other person to perform any of the acts referred to in paragraph (a) , is guilty of an offence.
Any person who fails to report the loss, theft or destruction of a cellular phone or SIM-card in terms of section 41 (1), is guilty of an offence.
Whenever a person is charged with an offence referred to in subsection (1) and it is proved that such person was, at the time, the owner or authorised possessor of the cellular phone or SIM-card alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such cellular phone or SIM-card within seven days of a written request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the cellular phone or SIM-card has been lost, stolen or destroyed.
The Cabinet member responsible for communications, after consultation with the Authority, may, in the case of a second or subsequent conviction of an electronic communication service provider of an offence referred to in section 51 (3) (a) (ii) and notwithstanding the imposition of any penalty prescribed by section 51 (3) (b) , revoke the licence issued to the electronic communication service provider concerned under Chapter 3 of the Electronic Communications Act, to provide an electronic communications service.
which was found in the possession of the convicted person; or the possession of which constituted the offence, to be forfeited to the State.
the possession of which constituted the offence, to be forfeited to the State.
Any listed equipment or other equipment declared forfeited under subsection (1) or must, as soon as practicable after the date of declaration of forfeiture, be delivered to the Police Service.
for a period of 30 days with effect from the date of declaration of forfeiture; and must as soon as practicable after the expiry of the period referred to in subparagraph (i), be destroyed by the Police Service.
had taken all reasonable steps to prevent the use thereof in connection with the offence.
inquire into and determine those matters.
listed equipment concerned is the property of the telecommunication service provider or other person concerned; and telecommunication service provider or other person concerned is a person referred to in subsection (5), the court must set aside the declaration of forfeiture and direct that the listed equipment concerned be returned to such telecommunication service provider or other person.
If a determination by the court under paragraph (b) is adverse to the applicant, he or she may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture under subsection was made, or against a sentence imposed as a result of such conviction.
When determining the matters referred to in paragraph (a) (i) and (ii), the record of the criminal proceedings in which the declaration of forfeiture under subsection (1) was made, must form part of the relevant proceedings, and the court making the determination may hear such additional evidence, whether by affidavit or orally, as it deems fit.
has not been made, upon an application made at any time after a period of three months with effect from the date of declaration of forfeiture under subsection (1) but before the expiry of a period of four months from that date; or has been made and the declaration of forfeiture has not been set aside, upon an application made at any time within a period of one month with effect from the date on which a final decision in respect of that application has been given, in terms of section 46 (1) (a) (iii) exempt the law enforcement agency which made the application from possessing the listed equipment declared forfeited under subsection (1).
Section 46 applies with the necessary changes in respect of an application referred to in paragraph (a).
A designated judge or, if there is more than one designated judge, all the designated judges jointly, may, after consultation with the respective Judges-President of the High Courts, issue directives to supplement the procedure for making applications for the issuing of directions or entry warrants in terms of this Act.
Any directive issued under subsection (1) may at any time in like manner be amended or withdrawn.
Any directive issued under subsection (1) must be submitted to Parliament.
59 Amends section 205 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
60 Amends section 11 of the Drugs and Drug Trafficking Act 140 of 1992 by substituting paragraph (e) . 61 Amends section 3 (a) of the Intelligence Services Act 40 of 1994 by substituting subparagraph (iii).
1992 (Act 127 of 1992), is hereby repealed. [Date of commencement of sub-s. (1): 30 June 2008.
Any judge whose designation in terms of the Interception and Monitoring Prohibition Act, 1992, to perform the functions of a judge for purposes of that Act is still in force on the fixed date, must be regarded as having been so designated in terms of this Act.
[Date of commencement of sub-s. (2): 30 June 2008.
A direction issued under section 3 of the Interception and Monitoring Prohibition Act, 1992, and which is still in force on the fixed date, must be regarded as having been issued under this Act and remains in force until the period or extended period for which that direction has been issued, lapses.
[Date of commencement of sub-s. (3): 30 June 2008.
The directives issued under section 6 of the Interception and Monitoring Prohibition Act, 1992, and which are still in force immediately before the fixed date, cease to be of force and effect from the fixed date.
[Date of commencement of sub-s. (4): 30 June 2008.
Any place which, immediately before the fixed date, has been used by the Police Service, Defence Force, Agency, Service or Directorate for the interception and monitoring of communications in terms of the Interception and Monitoring Prohibition Act, 1992, will, as from a date specified by the Cabinet member responsible for intelligence services, cease to exist unless such place is established as an interception centre as contemplated in section 32 (1) (a).
other liabilities and obligations of that place remain with the Police Service, Defence Force, Agency, Service or Directorate, whichever used that place for purposes referred to in paragraph (a).
[Date of commencement of sub-s. (5): 30 June 2008.
Notwithstanding section 40 (1), an electronic communication service provider who, prior to the date of commencement of this section, provides a mobile cellular electronic communications service must, within 18 months from the said date, record and store the information contemplated in section 40 (2) in respect of all customers whose SIM-cards are activated on its system, if the information in question has not already been recorded and stored in terms of section 40.
Section 40 (2), (3), (4), (9) and (10) applies with the necessary changes in respect of the information recorded and stored in terms of paragraph (a).
The obligations and rights conferred upon a person and an applicant in terms of section 40 (7) and (8) apply with the necessary changes.
An electronic communication service provider shall not allow service continuation on its electronic communication system in respect of any activated SIM-card if the information referred to in paragraph (b) has not been recorded and stored at the expiry of the 18-month period contemplated in paragraph (a).
[Sub-s. (6) substituted by s. 4 of Act 48 of 2008.
[Date of commencement of sub-s. (6): 1 July 2009.
The Minister may, in consultation with the Cabinet member responsible for communications, at the request of any electronic communication service provider who provides a mobile cellular electronic communications service, determine uniform tariffs of compensation payable by the electronic communication service providers who provide a mobile cellular electronic communications service, to persons employed to record and store the information contemplated in sections 40 and 62 (6) of the Act.
[S. 62A inserted by s. 5 of Act 48 of 2008.
a customer of the manner in which the obligations must be complied with; and a customer of the consequences of non-compliance with the obligations.
[S. 62B inserted by s. 5 of Act 48 of 2008.
the full names, surname, identity number and identity of the person to whom the SIM-card is provided; and the address contemplated in section 40 (3) (a) (iii), by means of documentation contemplated in section 40 (3) (b).
the address contemplated in section 40 (3) (a) (iii), by means of documentation contemplated in section 40 (3) (b).
The information referred to in subsections (1) and (2) must be stored for a period of five years.
An applicant may, for the purposes of making an application for the issuing of a direction, in writing request a person contemplated in subsection (1) or (2) to provide the applicant with the information recorded and stored in terms of subsection (1) or (2), respectively.
A person contemplated in subsection (1) or (2) who receives a request referred to in paragraph (a) must immediately comply with that request if the request relates to any SIM-card in its, his or her possession or to any person to whom the SIM-card was provided or rented.
If a person contemplated in subsection (1) or (2) knows or suspects that an identification document submitted for verification as contemplated in section 40 (3) is false, it, he or she must, within 24 hours, report the matter to a police official at any police station.
[S. 62C inserted by s. 5 of Act 48 of 2008.
This Act is called the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Notwithstanding subsection (1), sections 40 and 62 (6) come into operation on the date on which the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008, takes effect.
[Schedule amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004.
[Item 2 substituted by s. 27 (1) of Act 33 of 2004.
[Item 3 deleted by s. 27 (1) of Act 33 of 2004.
[Item 12 substituted by s. 36 (1) of Act 12 of 2004.
14 any offence the punishment wherefor may be imprisonment for life or a period of imprisonment prescribed by section 51 of the Criminal Law Amendment Act, 1997 (Act 105 of 1997), or a period of imprisonment exceeding five years without the option of a fine.
To amend the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, so as to insert certain new definitions and to amend certain definitions; to provide afresh for information to be obtained and kept in respect of cellular phones and SIM-cards; to further regulate offences and penalties; and to provide for matters connected therewith.
1 Amends section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 , as follows: paragraph (a) inserts the definitions of 'activate' and 'address'; paragraph (b) substitutes the definition of 'customer'; paragraph (c) inserts the definition of 'family member'; paragraph (d) substitutes the definition of 'identification document'; paragraph (e) inserts the definition of 'identity number'; and paragraph (f) inserts the definition of 'informal settlement'.
2 Substitutes section 40 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
substitutes subsection (1) (a) (i); paragraph (b) inserts subsections (3A), (3B), (3C) and (3D); and paragraph (c) deletes the word 'or' at the end of subsection (5) (b) and inserts paragraph (b A).
[Date of commencement of s. 3: 1 August 2009.
4 Amends section 62 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 by substituting subsection (6).
5 Inserts sections 62A, 62B and 62C in the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
6 Substitutes section 63 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
This Act is called the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.