REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(1) Any person may, in the course of the carrying on of any business, intercept any
indirect communication(a)
by means of which a transaction is entered into in the course of that
business;
(b)
which otherwise relates to that business; or
(c)
which otherwise takes place in the course of the carrying on of that
business,
in the course of its transmission over a telecommunication system.
(2) A person may only intercept an indirect communication in terms of subsection (1)(a)
if such interception is effected by, or with the express or implied
consent of, the system controller;
(b)
for purposes of(i)
monitoring or keeping a record of indirect communications(aa)
(bb)
(ii)
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in order to establish the existence of facts;
for purposes of investigating or detecting the
unauthorised use of that telecommunication system; or
(cc)
where that is undertaken in order to secure, or as an
inherent part of, the effective operation of the system;
or
monitoring indirect communications made to a confidential
voice-telephony counselling or support service which is free of
charge, other than the cost, if any, of making a telephone call,
and operated in such a way that users thereof may remain
anonymous if they so choose;
(c)
if the telecommunication system concerned is provided for use wholly
or partly in connection with that business; and
(d)
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.
Interception of communication to prevent serious bodily harm
(1) Any law enforcement officer may, if(a)
he or she is satisfied that there are reasonable grounds to believe that
a party to the communication has-
(b)
(i)
caused, or may cause, the infliction of serious bodily harm to
another person;
(ii)
threatens, or has threatened, to cause the infliction of serious
bodily harm to another person; or
(iii)
threatens, or has threatened, to take his or her own life or to
perform an act which would or may endanger his or her own life
or would or may cause the infliction of serious bodily harm to
himself or herself;
he or she is of the opinion that because of the urgency of the need to
intercept the communication, it is not reasonably practicable to make
an application in terms of section 16 (1) or 23 (1) for the issuing of an
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