[Chapter 11:20]
Interception of Communications Act
No. 6/2007
offences in order to obtain, directly or indirectly, a financial or other material benefit;
“party”, in relation to a communication, means a person whose access to the
communication is or might reasonably be known by all other parties;
“protected information” means information that is encrypted by means of a key;
“serious offence” means conduct constituting an offence punishable by a maximum
deprivation of liberty of at least four years or a more serious penalty;
“service provider” means the provider of a postal service or telecommunication service;
“warrant” means a warrant issued in terms of section 6.
(2) Any word or expression to which a meaning has been assigned in the Postal and
Telecommunications Act [Chapter 12:05] (No. 4 of 2000) shall have the same meaning when
used in this Act.
PART II
CONTROL OF INTERCEPTION AND ESTABLISHMENT OF MONITORING CENTRE
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Control of interception
(1) Subject to subsection (2), no person shall—
(a) intercept any communication in the course of its transmission by means of a
telecommunication system or radiocommunication system unless—
(i) he or she is a party to the communication; or
(ii) he or she has the consent of the person to whom, or the person by whom, the
communication is sent; or
(iii) he or she is authorised by warrant;
(b) intercept any communication in the course of its transmission through the post
unless—
(i) he or she has the consent of the person to whom, or the person by whom, the
communication is sent; or
(ii) he or she is authorised by warrant.
(2) Subsection (1) shall not apply to the bona fide interception of a communication for the
purpose of or in connection with the provision, installation, maintenance or repair of a postal,
telecommunication or radiocommunication service.
(3) Subject to subsections (1) and (2), any person who intentionally intercepts or attempts
to intercept, or authorises or procures any other person to intercept or attempt to intercept, at
any place, any communication in the course of its occurrence or transmission shall be guilty of
an offence and liable to a fine 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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Establishment of monitoring centre
(1) There shall be established a centre to be known as Monitoring of Interception of
Communications Centre (MICC).
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