A new law will allow telephones to be tapped and e-mails to be intercepted in the fight against crime, the Department of Justice and Constitutional Development said on Sunday.
Spokesperson Lesley Mashokwe said while the Interception of Communications and Provision of Communication-Related Information Act allows for the lawful interception of communications, this can only be done after authorisation by a judge especially designated to perform that function.
”While the Justice [and Constitutional Development] Minister, Brigitte Mabandla, has yet to appoint a judge, the Act is in operation at the moment,” said Mashokwe.
”However, for the Act to be a success, it requires the cooperation of the private sector, especially telecommunication service providers, as well as individual owners of cellphones.”
Mashokwe said the Act places a duty on telecommunication service providers to obtain and keep information on their clients, should this be required for detecting or investigating serious crimes.
”In order to control the lawful use of cellphones and SIM cards, the Act requires that lost, stolen or destroyed cellphones and SIM cards be reported at any police station. Failure to do so will constitute a criminal offence.”
He said provisions of the Act requiring the registration of cellphones and SIM cards will come into operation by the end of the year.
Technological advances over the years such as cellular, satellite and computer communications through e-mail and electronic transfer of data have been exploited by criminals.
”Criminals often exploited telecommunications in the planning, organisation and commission of organised crime, cash heists and serious violent crimes,” said Mashokwe.
”The Act, which takes these advances into account, seeks to address the alarming increase in computer-aided crime and the exploitation of these technological advances.”
However, law-abiding citizens have no reason to fear that their right to privacy would be compromised in any way, assured Mashokwe. – Sapa