GENERAL EXPLANATORY NOTE:
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Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.
BILL
To amend the Regulation of Interception of Communications and Provision of
Communication-related Information Act, 2002, so as to extend the period within
which the information of customers must be recorded and stored; and to provide
for matters connected therewith.
P
ARLIAMENT of the Republic of South Africa enacts, as follows:—
Amendment of section 62 of Act 70 of 2002, as amended by section 4 of Act 48 of
2008
1. Section 62 of the Regulation of Interception of Communications and Provision of 5
Communication-related Information Act, 2002, is hereby amended—
(a) by the substitution in subsection (6) for paragraph (a) of the following
paragraph:
‘‘(a) Notwithstanding section 40(1), an electronic communication
service provider who, prior to the date of commencement of this section, 10
provides a mobile cellular electronic communications service must,
[within 18 months from the said date] by 30 June 2011, record and
store the information contemplated in section 40(2) in respect of all
customers whose SIM-cards are activated on its system, if the
information in question has not already been recorded and stored in terms 15
of section 40.’’; and
(b) by the substitution in subsection (6) for paragraph (d) of the following
paragraph:
‘‘(d) An electronic communication service provider shall not allow
service continuation on its electronic communication system in respect 20
of any activated SIM-card if the information referred to in paragraph (b)
has not been recorded and stored [at the expiry of the 18-month period
contemplated in paragraph (a)] by 30 June 2011.’’.
Short title
2. This Act is called the Regulation of Interception of Communications and Provision 25
of Communication-related Information Amendment Act, 2010.