REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
Page 60 of 67
(1) Any person who, intentionally and unlawfully, in any manner(a)
modifies, tampers with, alters, reconfigures or interferes with, any
telecommunication equipment, including a cellular phone and a SIMcard, or any part thereof;
(b)
reverse engineers, decompiles, disassembles or interferes with, the
software installed on any telecommunication equipment, including a
cellular phone and a SIM-card, by the manufacturer thereof; or
(c)
allows any other person to perform any of the acts referred to in
paragraph (a) or (b) ,
is guilty of an offence.
(2) Any person who, intentionally and unlawfully, in any manner(a)
modifies, tampers with or interferes with, any interception or
monitoring equipment, device or apparatus installed or utilised in
terms of this Act; or
(b)
allows any other person to perform any of the acts referred to in
paragraph (a) ,
is guilty of an offence.
55
Failure to report loss, theft or destruction of cellular phone or SIM-card
and presumption
(1) Any person who fails to report the loss, theft or destruction of a cellular phone or
SIM-card in terms of section 41 (1), is guilty of an offence.
(2) Whenever a person is charged with an offence referred to in subsection (1) and it
is proved that such person was, at the time, the owner or authorised possessor of the
cellular phone or SIM-card alleged to have been lost, stolen or destroyed, proof that the
person has failed to produce such cellular phone or SIM-card within seven days of a
written request by a police official to do so, will, in the absence of evidence to the
contrary which raises reasonable doubt, be sufficient evidence that the cellular phone or
SIM-card has been lost, stolen or destroyed.
56
Revoking of licence to provide electronic communication service
The Cabinet member responsible for communications, after consultation with the
Authority, may, in the case of a second or subsequent conviction of an electronic
communication service provider of an offence referred to in section 51 (3) (a) (ii) and
notwithstanding the imposition of any penalty prescribed by section 51 (3) (b) , revoke
the licence issued to the electronic communication service provider concerned under
Chapter 3 of the Electronic Communications Act, to provide an electronic communications
service.
[S. 56 substituted by s. 97 of Act 36 of 2005.]
57
Forfeiture of listed or other equipment
(1) A court convicting a person of an offence referred to in section 51 must, in addition
to any penalty which it may impose in respect of that offence, declare any listed
equipment(a)
by means of which the offence was committed;
(b)
which was used in connection with the commission of the offence;
(c)
which was found in the possession of the convicted person; or
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