REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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authorised by such acting person; and
(b)
a public body, means, in the case of(i)
a national department, provincial administration or organisational
component(aa)
(ii)
(iii)
mentioned in Column 1 of Schedule 1 or 3 to the Public
Service Act, 1994 ( Proclamation 103 of 1994 ), the
officer who is the incumbent of the post bearing the
designation mentioned in Column 2 of the said Schedule
1 or 3 opposite the name of the relevant national
department, provincial administration or organisational
component or the person who is acting as such; or
(bb)
not so mentioned, the Director-General, head, executive
director or equivalent officer, respectively, of that
national department, provincial administration or
organisational component, respectively, or the person
who is acting as such;
a municipality, the municipal manager appointed in terms of
section 82 of the Local Government: Municipal Structures Act,
1998 ( Act 117 of 1998 ), or the person who is acting as such;
or
any other public body, the chief executive officer, or equivalent
officer, of that public body or the person who is acting as such;
'Telecommunications Act' means the Telecommunications Act, 1996 ( Act 103 of
1996 ).
(2) For purposes of this Act(a)
the interception of a communication takes place in the Republic if, and
only if, the interception is effected by conduct within the Republic and
the communication is either intercepted, in the case of-
(b)
(i)
a direct communication, in the course of its occurrence; or
(ii)
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.
(3) 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.
CHAPTER 2
PROHIBITION OF INTERCEPTION OF COMMUNICATIONS AND
PROVISION OF REAL-TIME OR ARCHIVED COMMUNICATION-RELATED
INFORMATION AND EXCEPTIONS (ss 2-15)
Part 1
Prohibition of interception of communications and exceptions (ss 2-11)
2
Prohibition of interception of communication
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