REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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period not exceeding 10 years.
(5) A conviction of an offence referred to in(a)
subsection (2) (a) (i) does not relieve any postal service provider or
any employee of such a postal service provider of the obligation to
comply with section 28 (1) (a) ;
(b)
subsection (3) (a) (i) or (ii) does not relieve any telecommunication
service provider or any employee of such a telecommunication service
provider of the obligation to comply with section 28 (1) (b) or (2), 30
(1) or (4) or 39 (4);
(b A )
subsection (3A) does not relieve any electronic communication
service provider of the obligation to comply with(i)
the directives issued in terms of section 30 (2) (a) ;
(ii)
section 40 (1), (2), (3), (4) or any determination made
thereunder, (6), (7), (9) or (10); or
(iii)
section 62 (6) (a) , (b) , (c) or (d) ; or
[Para. (b A ) inserted by s. 3 (c) of Act 48 of 2008.]
(c)
subsection (4) (a) (i) does not relieve any decryption key holder or
any employee of such a decryption key holder of the obligation to
comply with section 29 (1).
(6) Notwithstanding anything to the contrary in any other law contained, a
magistrate's court may impose any penalty provided for in this Act.
(7) No person who(a)
in good faith assists an authorised person with the execution of a
direction; and
(b)
believes on reasonable grounds that such authorised person is acting
in accordance with such a direction,
is liable to prosecution for a contravention of this Act.
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Failure to give satisfactory account of possession of cellular phone or
SIM-card
Any person who is found in possession of any cellular phone or SIM-card in regard to
which there is reasonable suspicion that it has been stolen and is unable to give a
satisfactory account of such possession, is guilty of an offence.
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Absence of reasonable cause for believing cellular phone or SIM-card
properly acquired
(1) Any person who in any manner acquires or receives into his or her possession from
any other person a stolen cellular phone or SIM-card without having reasonable cause for
believing at the time of such acquisition or receipt that such cellular phone or SIM-card is
the property of the person from whom he or she acquires or receives it or that such
person has been duly authorised by the owner thereof to deal with it or dispose of it, is
guilty of an offence.
(2) In the absence of evidence to the contrary which raises a reasonable doubt, proof
of such possession is sufficient evidence of the absence of reasonable cause.
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Unlawful acts in respect of telecommunication and other equipment
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