• Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)
  • Preamble
  • Chapter 1 : Introductory Provisions
    • 1. Definitions and interpretation
  • Chapter 2 : Prohibition of interception of communications and provision of real-time or arc
    • Part 1 : Prohibition of interception of communications and exceptions
      • 2. Prohibition of interception of communication
      • 3. Interception of communication under interception direction
      • 4. Interception of communication by party to communication
      • 5. Interception of communication with consent of party to communication
      • 6. Interception of indirect communication in connection with carrying on of business
      • 7. Interception of communication to prevent serious bodily harm
      • 8. Interception of communication for purposes of determining location in case of emergency
      • 9. Interception of communications authorised by certain other Acts
      • 10. Monitoring of signal for purposes of installation or maintenance of equipment, facilities or devices
      • 11. Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum
    • Part 2 : Prohibition of provision of real-time or archived communication-related information and
      • 12. Prohibition of provision of real-time or archived communication-related information
      • 13. Provision of real-time or archived communication-related information under real-time communication-related direction or archived communication-related direction
      • 14. Provision of real-time or archived communication-related information upon authorisation by customer
      • 15. Availability of other procedures for obtaining real-time or archived communication-related information
  • Chapter 3 : Applications for, and issuing of, directions and entry warrants
    • 16. Application for, and issuing of, interception direction
    • 17. Application for, and issuing of, real-time communication-related direction
    • 18. Combined application for, and issuing of, interception direction, real-time communication-related direction or interception direction supplemented by real-time communication-related direction
    • 19. Application for, and issuing of, archived communication-related direction
    • 20. Amendment or extension of existing direction
    • 21. Application for, and issuing of, decryption direction
    • 22. Application for, and issuing of, entry warrant
    • 23. Oral application for, and issuing of, direction, entry warrant, oral direction or oral direction or oral entry warrant
    • 24. Reports on progress
    • 25. Cancellation of direction, entry warrant, oral direction or oral entry warrant
  • Chapter 4 : Execution of directions and entry warrants
    • 26. Execution of direction
    • 27. Execution of entry warrant
    • 28. Assistance by postal service provider and telecommunication service provider
    • 29. Assistance by decryption key holder
  • Chapter 5 : Interception capability and compensation
    • 30. Interception capability of telecommunication services and storing of communication-related information
    • 31. Compensation payable to postal service provider, telecommunication service provider and decryption key holder
  • Chapter 6 : Interception centres, office for interception centres and Internet service providers assistance fund
    • 32. Establishment of interception centres
    • 33. Establishment of Office for Interception Centres
    • 34. Director and staff of Office
    • 35. Powers, functions and duties of Director
    • 36. Head and staff of interception centres
    • 37. Keeping of records by heads of interception centres and submission of reports to Director
    • 38. Establishment and control of Internet Service Providers Assistance Fund
  • Chapter 7 : Duties of telecommunication service provider and customer
    • 39. Information to be obtained and kept by certain telecommunication service providers
    • 40. Information to be obtained and kept by electronic communication service provider who provides a mobile cellular electronic communications service
    • 41. Loss, theft or destruction of cellular phone or SIM-card to be reported
  • Chapter 8 : General prohibitions and exemptions
    • 42. Prohibition on disclosure of information
    • 43. Disclosure of information by authorised person for performance of official duties
    • 44. Listed equipment
    • 45. Prohibition on manufacture, possession and advertising of listed equipment
    • 46. Exemptions
  • Chapter 9 : Criminal proceedings, offences and penalties
    • 47. Use of information in criminal proceedings
    • 48. Proof of certain facts by certificate
    • 49. Unlawful interception of communication
    • 50. Unlawful provision of real-time or archived communication-related information
    • 51. Offences and penalties
    • 52. Failure to give satisfactory account of possession of cellular phone or SIM-card
    • 53. Absence of reasonable cause for believing cellular phone or SIM-card properly acquired
    • 54. Unlawful acts in respect of telecommunication and other equipment
    • 55. Failure to report loss, theft or destruction of cellular phone or SIM-card and presumption
    • 56. Revoking of licence to provide electronic communication service
    • 57. Forfeiture of listed or other equipment
  • Chapter 10 : General provisions
    • 58. Supplementary directives regarding applications
    • 59. Amendment of section 205 of Act 51 of 1977, as substituted by section 11 of Act 204 of 1993
    • 60. Amendment of section 11 of Act 140 of 1992
    • 61. Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 31 of 1995 and secion 3 of Act 42 of 1999
    • 62. Repeal of law and transitional arrangements
    • 62A. Determination of tariffs
    • 62B. Information to be provided to customers
    • 62C. Keeping of information by juristic persons and persons who lease SIM-cards
    • 63. Short title and commencement
  • Schedule
    • 1. Serious Offences
• Government Notices
  • No.R. 1263 of 2005 -  Notice in terms of Section 44(1)(a)
    • No.R. 1263 of 2005 -  Notice in terms of Section 44(1)(a)
  • No. 1325 of 2005 - Directives - Telecommunications Service Providers
    • Introduction
    • Schedule A : Directive for Fixed Line Operators
      • Part 1 : Introductory Provisions
        • 1. Definitions
        • 2. Application
        • 3. Statement of General Duties
      • Part 2 : Interception of Indirect Communications
        • 4. General requirements in respect of interception
        • 5. Unchanged state of service
        • 6. Security requirements for interception
        • 7. Technical and functional requirements in respect of Interception
      • Part 3 : Routing, Provision and Storing of Real-Time Communication-Related Information
        • 8. General requirements in respect of real-time
        • 9. Routing and content of additional real-time communication-related information during active intercept or in respect of future information
        • 10. Routing, recording, storing and content of real-time communication-related information already available
        • 11. Security requirements in respect of real-time communication-related information
        • 12. Technical and functional requirements in respect of real time communication-related information
      • Part 4 : Routing, Provision and Storing of Archived Communication-Related Information
        • 13. General requirements in respect of archived communication-related information
        • 14. Content of archived communication-related information
        • 15. Security requirements in respect of archived communication-related information
        • 16. Technical and functional requirements in respect of archived communication-related information
      • Part 5 : Storage Period for Communication-Related Information
        • 17. Period for which communication-related information must be stored
      • Part 6 : Detailed Security, Functional and Technical Requirements of the Facilities and Devices for lawful interception
        • 18. Facilities and Devices
        • 19. Security Requirements
        • 20. Functional Requirements
        • 21. Technical Requirements
    • Schedule B : Directive for Mobile Cellular Operators
      • Part 1 : Introductory Provisions
        • 1. Definitions
        • 2. Application
        • 3. Statement of general duties
      • Part 2 : Interception of Indirect Communications
        • 4. General requirements in respect of interception
        • 5. Unchanged state of service
        • 6. Security requirements for interception
        • 7. Technical and functional requirements in respect of interception
      • Part 3 : Routing, Provision and Storing of Real-Time Communication-Related Information
        • 8. General requirements in respect of real-time communication-related information
        • 9. Routing and content of additional real-time communication-related information during active intercept or in respect of future information
        • 10. Routing, recording, storing and content of real-time communication-related information already available
        • 11. Security requirements in respect of real-time communication-related information
        • 12. Technical and functional requirements in respect of real-time communication-related information
      • Part 4 : Routing, Provision and Storing of Archived Communication-related information
        • 13. General requirements in respect of archived communication-related information
        • 14. Content of archived communication-related information
        • 15. Security requirements in respect of archived communication-related information
        • 16. Technical and functional requirements in respect of archived communication-related information
      • Part 5 : Storage Period for Communication-Related Information
        • 17. Period for which communication-related information must be stored
      • Part 6: Detailed Security, Functional and Technical Requirements of the Facilities and Devices
        • 18. Facilities and Devices
        • 19. Security Requirements
        • 20. Functional Requirements
        • 21. Technical Requirements
    • Schedule C : Directive for Internet Service Providers
      • Part 1 : Introductory Provisions
        • 1. Definitions
        • 2. Application
        • 3. Statement of General Duties
      • Part 2 : Interception of Indirect Communications
        • 4. General requirements in respect of interception
        • 5. Unchanged state of service
        • 6. Security requirements for interception
        • 7. Technical and functional requirements in respect of interception
      • Part 3: Detailed Security, Functional and Technical Requirements of the Facilities and Devices
        • 8. Facilities and Devices
        • 9. Security Requirements
        • 10. Functional Requirements
        • 11. Technical Requirements
  • No. R. 92 of 2009 -Notice in Terms of Section 31
    • Notice in Terms of Section 31
    • 1. Definitions
    • 2. Forms of assistance and compensation
  • No. R. 93 of 2009 - Mobile Cellular Operators
    • 1. Definitions
    • 2. Forms of assistance and compensation
  • No. 39 of 2009 - Commencement of Amendment Act
    • Commencement of The Regulation of Interception of Communications
  • No. 1121-  Determination in Terms of Section 62A
    • Determination in Terms of Section 62A
  • No. 198 of 2010 - Notice in terms of Section 31
    • Notice in terms of Section 31- Postal Service Providers
  • Certificate of Exemption in terms of Section 46(3) of the Act - South African Police Service
    • Notice No. R. 3424 of 2023
    • Part l - Definitions
    • Part ll - Conditions of exemption
    • Part lll - Categories of listed equipment and scope of exemption
• Register your cellphone number
  • Register your cellphone number now!