REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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Whenever in any criminal proceedings or civil proceedings in terms of Chapter 5 or 6 of
the Prevention of Organised Crime Act, the question arises whether a designated judge,
judge of a High Court, regional magistrate or magistrate has issued a direction under this
Act, a certificate signed by a designated judge, judge of a High Court, regional magistrate
or magistrate in which he or she(a)
alleges that he or she has received and considered an application
made to him or her in terms of this Act;
(b)
alleges that he or she has issued a direction under this Act; and
(c)
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.
49
Unlawful interception of communication
(1) 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.
(2) Subsection (1) does not apply to the(a)
interception of a communication as contemplated in sections 3, 4, 5,
6, 7, 8 and 9; or
(b)
monitoring of a signal or radio frequency spectrum as contemplated in
sections 10 and 11.
50
Unlawful provision of real-time or archived communication-related
information
(1) 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.
(2) Subsection (1) does not apply to the provision of real-time or archived
communication-related information as contemplated in sections 13, 14 and 15.
51
Offences and penalties
(1) (a) Any person who(i)
contravenes or fails to comply with section 6 (2), 7 (4), 8 (4), 29 (8), 42 (1)
or 45 (1);
[Sub-para. (i) substituted by s. 3 (a) of Act 48 of 2008.]
(ii)
in any application made in terms of this Act, furnishes information or makes
a statement, knowing such information or statement to be false, incorrect or
misleading or not believing it to be correct;
(iii)
acts contrary to the authority of any direction issued under this Act or
proceeds to act under any such direction knowing that it has expired;
(iv)
acts contrary to the authority of an entry warrant issued under this Act or,
without being authorised thereto under an entry warrant, enters any
premises for purposes of intercepting a postal article or communication, or
installing and maintaining an interception device, on that premises;
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