80
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(k)
fails to attend a hearing when a summons has been issued in terms
of section 120,requiring his or her attendance at that hearing or fails
to answer a question put to him or her at such a hearing without just
excuse;
(l)
intentionally modifies, delays or interferes with the contents of any
message or information sent by means of a telecommunications
service;
(m)
unlawfully engages in interception, tracing or recording of
telecommunications operations or messages;
(n)
intentionally damages telecommunications facilities belonging to
another person;
(o)
possesses any telecommunications equipment, copper wire, optical
fibre or any other equipment or thing that has been used in relation to the
provision of telecommunications services, knowing such equipment,
wire, fibre or thing to have been stolen or under circumstances in which
he or she can reasonably be expected to have known or should have
reasonably suspected such equipment, wire, fibre or thing to have been
stolen;
(p)
performs any action that has the effect that he or she or any other person
gains access to any broadcasting or telecommunications service that is
protected by any technological means,
is guilty of an offence.
(2)
A person who –
(a)
contravenes paragraph (d), (m), (n) or (o) of subsection (1) is on
conviction liable to imprisonment for a period not exceeding 15
years or a fine not exceeding N$1 000 000 or both such fine and such
imprisonment;
(b)
contravenes any other provision of subsection (1) is on conviction
liable to imprisonment for a period not exceeding five years or to a fine
not exceeding N$20 000 or to both such fine and such imprisonment.
Forfeiture of equipment or apparatus
118.
(1)
If a person is convicted by a court of any offence in terms of
this Act, that court may declare any telecommunications equipment or radio apparatus
used in the commission of an offence or whose possession is prohibited by this Act or
whose possession is otherwise unlawful, to be forfeited to the Authority.
(2)
The Authority may deal with any apparatus or equipment forfeited to it
in terms of subsection (1) or section 114(4)(b) as it thinks fit: Provided that the provisions
in the laws relating to criminal procedure in Namibia dealing with the enforcement of
rights by persons to property other than persons from whom the property has been
seized, apply with the necessery changes to property contemplated in this subsection.