[Chapter 11:20]
Interception of Communications Act
No. 6/2007
(a) by the Minister in consultation with the Attorney-General in respect of a serious
offence by an organised criminal group or for a purpose specified in section 6(1)(b) or
(c);
(b) by the Administrative Court upon an ex parte application by the authorised person
concerned, in respect of an offence referred to in the Third Schedule or in paragraph 1,
2, 3, 4, 5, 6, 7 or 8 of the Ninth Schedule to the Criminal Procedure and Evidence Act
[Chapter 9:07].
(3) Upon expiry of a warrant that is renewed in terms of subsection (2)(b) or within six
months of such expiry, the warrant may, for good cause shown by the authorised person, be
renewed for a further period not exceeding three months by the Administrative Court upon an ex
parte application by the authorised person concerned.
(4) Every renewal of a warrant that is sought within six months of the expiry of a warrant
that was renewed in terms of subsection (2)(a) or (3) or this subsection may be renewed for
further periods not exceeding three months at a time by the Administrative Court upon an ex
parte application by the authorised person concerned.
(5) An authorised person shall notify the Minister in advance and in writing of any
application for the renewal of a warrant in terms of subsection (2)(b), (3) or (4).
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Evidence obtained by unlawful interception not admissible in criminal
proceedings
Evidence which has been obtained by means of any interception effected in contravention
of this Act shall not be admissible in any criminal proceedings except with the leave of the
court, and in granting or refusing such leave the court shall have regard, among other things, to
the circumstances in which it was obtained, the potential effect of its admission or exclusion on
issues of national security and the unfairness to the accused that may be occasioned by its
admission or exclusion.
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Assistance by service providers
(1) A service provider must ensure that—
(a) its postal or telecommunications systems are technically capable of supporting lawful
interceptions at all times in accordance with section 12;
(b) it installs hardware and software facilities and devices to enable interception of
communications at all times or when so required, as the case may be;
(c) its services are capable of rendering real time and full time monitoring facilities for the
interception of communications;
(d) all call-related information is provided in real-time or as soon as possible upon call
termination;
(e) it provides one or more interfaces from which the intercepted communication shall be
transmitted to the monitoring centre;
(f) intercepted communications are transmitted to the monitoring centre via fixed or
switched connections, as may be specified by the agency;
(g) it provides access to all interception subjects operating temporarily or permanently
within their communications systems, and, where the interception subject may be
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