[Chapter 11:20]
Interception of Communications Act
No. 6/2007
(2) If the Minister, by written order to the authorised person and the postal service
provider, certifies that it is necessary for any of the purposes specified in subsection (1)(a), (b),
(c) or (d) for a postal article in the postal service provider’s custody to be detained and, if so
required by the order, opened and examined, the postal service provider shall forthwith detain
the postal article.
(3) Section 5 shall apply with such changes as may be necessary to the information
required to be furnished to the Minister before a detention order is issued.
15 Examination of and accountability for detained postal articles
(1) On the day appointed by or under a detention order the authorised person shall, in the
presence of a representative of the postal service provider, examine the detained postal article.
(2) If, on examination of a postal article in terms of subsection (1), the suspicion that gave
rise to its examination—
(a) is substantiated, the postal article may be detained for the purposes of evidence in a
criminal prosecution or destroyed or dealt with in such other manner as may be
authorised in the detention order;
(b) is not substantiated, the postal article shall be delivered to the person to whom it is
addressed or to his or her representative on payment of any postage payable thereon.
PART V
GENERAL
16 Restriction on disclosure
(1) No person may disclose any communication or information which he or she obtained in
the exercise of his or her powers or the performance of his or her duties in terms of this Act
except—
(a) to any other person who of necessity requires it for the like exercise or performance of
his or her functions in terms of this Act;
(b) information which is required to be disclosed in terms of any law or as evidence in any
court of law.
(2) No—
(a) service provider or protected information key holder may disclose any information
which it obtained in compliance with this Act; or
(b) employee of a service provider or protected information key holder may disclose any
information which he or she obtained in the course of his or her employment and
which is connected with the exercise of any power or the performance of any duty in
terms of this Act.
(3) Any person who discloses any information in contravention of subsection (1) or (2)
shall be guilty of an offence and liable to a fine of not exceeding level fourteen or to
imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
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