REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(b) 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.
(8) 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.
(9) An electronic communication service provider must, on its electronic
communication system, record and store(a)
every MSISDN-number used with every IMEI-number; and
(b)
every IMEI-number used with every MSISDN-number,
which must, on production of a direction, be provided to an applicant within 12 hours.
(10) The information recorded and stored in terms of subsections (2), (6) and (9)
must be stored by an electronic communication service provider for a period of five years
after(a)
a customer has cancelled his or her contract with the electronic
communication service provider; or
(b)
the electronic communication service provider has ended the
electronic communications service provided to the customer.
[S. 40 substituted by s. 2 of Act 48 of 2008.]
[Date of commencement of s. 40: 1 July 2009.]
41
Loss, theft or destruction of cellular phone or SIM-card to be reported
(1) 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.
(2) 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.
(3) 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.
(4) (a) The Minister must, within three months after the fixed date and in consultation
with the Cabinet member responsible for policing, issue directives prescribing the(i)
form and manner in which-
(ii)
(aa)
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.
(b) Any directive issued under paragraph (a) may at any time in like manner be
amended or withdrawn.
(c) Any directive issued under paragraph (a) must, before the implementation thereof,
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