The Cabinet approved draft legislation on Wednesday regulating the tapping of telephones and intercepting of e-mails. Outstanding matters had been settled with cellphone companies, and the Bill would be submitted to Parliament for processing, government spokesperson Joel Netshitenzhe told reporters in Pretoria.
”There was an outstanding issue about the obligation of cellphone companies in terms of registration of people.”
The Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill seeks to regulate the lawful interception of certain communications, and defines the obligations of cellphone and SIM-card sellers.
”Negotiations with the cellphone industry have been completed. The companies have agreed that this can be done, and the relevant infrastructure will be put in place,” Netshitenzhe said.
”It will take them about a year to put this in operation.”
He could not say if the cost for the infrastructure would be shared.
”The infrastructure will belong to the cellphone companies so the assumption is that they will make a major contribution.”
Last year, the justice department said the new law would allow phones to be tapped and e-mails to be intercepted as a tool in the fight against crime.
Such interception could only be done after authorisation by a judge designated especially to perform that function.
The law would place a duty on telecommunication service providers to keep information on their clients should this be required for investigating serious crimes. It would become a criminal offence not to report lost, stolen or destroyed cellphones and SIM cards to the police.
Law-abiding citizens had no reason to fear that their right to privacy would be compromised in any way, the department said at the time. — Sapa