Speech on the Regulation of Interception of Communications Bill

Steve Swart MP – ACDP

Wednesday, September 18, 2002


In Parliament yesterday African Christian Democratic Party MP Steve Swart gave the following speech during a debate on the Regulation of Interception of Communications Bill:

Deputy Chair, the Regulation of Interception of Communications Bill will govern the interception of all communications.

The Justice Committee has to date worked through seven drafts of the Bill. Madame Speaker, in view of technological advances in respect of telecommunications such as cellular, satellite and computer communications, there was a need to revisit the existing legislation. Telecommunications are also increasingly being used in the commission of especially organized crime, heists and other serious violent crimes. The result is the new legislation, which will totally replace the existing Interception and Monitoring Prohibition Act, 1992 (Act 127 of 1992).

The ACDP’s initial concerns regarding the Bill have largely been accommodated, in that making interception of communications subject to judicial scrutiny protects the right to privacy. Communications can only be legally intercepted when law enforcement officers have obtained a court order from a designated judge, subject to certain exceptions. The law enforcement officers will have to persuade the judge inter alia that a serious offence has been or will be committed, or that there is an actual or potential threat to public health, safety or national security. (Section 16 (5) (a))


The critical aspect of this piece of legislation will be the judicial scrutiny, to ensure that the interception and monitoring is done only to pursue the aims of law enforcement, and not for some nefarious or corrupt purpose. During hearings, we were told of incidents where section 205 orders had been altered, after the judge granted them. This illustrates how abuse can take place and must be guarded against.

There is no doubt that the Bill will have a significant effect on the Communications Industry. The industry has expressed severe concerns regarding the costs involved in rendering telecommunications services interceptable and providing for the storage of call – related information. The only remuneration payable to such postal and telecommunications service providers will be for the cost of providing assistance, but not for the equipment which will have to be installed. We trust that the government will monitor the effect of these costs on the industry, and consider introducing subsidies should the costs prove exorbitant and negatively affect the industry. Undoubtedly these costs will be passed on to the consumer.

When purchasing a cell phone, consumers will have to present identity documents and copies of these will be retained by the businesses selling the phones. There is also a general obligation to report the loss, theft or destruction of cellular phones or SIM – cards.

In conclusion, the ACDP will support the Bill, as it will provide an important weapon in the fight against organized crime and terrorism.

I thank you


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For further comment please call Steve Swart MP at 083 285 6290 or ACDP Media Liaison Liza Bloemetje at 082 478 1037