48
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(3)
The Authority must make regulations prescribing the procedure to be
followed when a dispute is adjudicated upon in terms of this section.
(4)
Any party aggrieved by a decision of the Authority under this section
may appeal to the High Court within the prescribed period and subject to the prescribed
procedural requirements.
PART 6
INTERCEPTION OF TELECOMMUNICATIONS
Interception centres
70.
(1)
The President must establish such interception centres as are
necessary for the combating of crime and national security.
(2)
Interception centres are staffed by such staff members in the Namibia
Central Intelligence Service as may he designated by the Director-General with the
approval of the Security Commission established by Article 114(1) of the Namibian
Constitution.
(3)
Before a staff member performs any function with relation to interception
or monitoring of telecommunications contemplated in this Part, he or she must before
the Judge-President in chambers make an oath in the following form:
‘I, A.B, do hereby swear and solemnly and sincerely promise that I will to the
best of my ability perform all functions relating to the interception of telecommnunications
in accordance with the law of Namibia and that I will not knowingly participate in or
assist with any interception or monitoring of telecommunications that is not authorised
by the law of Namibia.
So help me God.’
(4)
A staff member designated in terms of subsection (2) may, in lieu of an
oath, make a solemn affirmation in corresponding form.
(5)
Interception centres must be equipped by such equipment and software
as may be designated by the Director-General.
(6)
Interception centres must be funded from such moneys appropriated by
Parliament and paid into the account referred to in section 10 of the Namibia Central
Intelligence Service Act, 1997 (Act No. 10 of 1997).
(7)
The Director-General must designate a staff member in the Namibia
Central Intelligence Service as the head of every interception centre.
(8)
Where any law authorises any person or institution to intercept or
monitor electronic communications or to perform similar activities, that person or
institution may forward a request together with any warrant that may be required under
the law in question to the head of an interception centre.
(9)
Any staff member employed in an interception centre may do anything
necessary in order to perform the interception or monitoring concerned (as well as any
decoding or decryption necessary to make the information in question intelligible) and
must forward all information obtained from these activities to the person who made the
request referred to in subsection (8).