Post RICA Campaign media briefing
6 Jul 2011
Government would like to thank all South Africans for heeding the call to have their SIM cards registered by the deadline of the 30th of June 2011 as per the Regulation of Interception and Communications Act (RICA). The need for South Africans to RICA is part of our efforts to ensure that we promote an increase in mobile and data usage, whilst at the same time guarding against the abuse of our telecommunications infrastructure in planning and executing crime.
Furthermore, we would also like to thank the mobile cellular operators (MCOs) for supporting the process of encouraging South Africans to RICA their SIM cards. This is a relationship that we must nurture and maintain for the benefit of all of us.
At midnight on the 30th of June 2011 the following numbers of registered SIM cards from different MCOs had been registered: Cell C had 99, 99% of contracts and 97 % of prepaid subscribers registered, MTN had 99, 5% of contracts and 97% of prepaid subscribers registered and Vodacom had 98,98 % of contracts and 95,12% of prepaid subscribers registered.
It is never late to reactivate your SIM card
We call on all those whose SIM cards have been deactivated to visit their mobile operator's outlets and reactivate their SIM cards with accredited service providers in order to avoid the risk of losing their numbers. To RICA a number is free, the correct procedure to follow involves insisting on presenting a green bar coded identity document (or passport) and proof of physical address.
Selling of activated SIM-cards without complying with Section 40 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002
As you are aware, as from 1 July 2009, when section 40 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002) (the RICA Act), came into operation, no SIM card has been capable of being used unless it has been "RICA'ed" in terms of the law.
Section 40 regulates the activation of a SIM card and sets out the process to be followed and the information to be provided to the MCO's.From that date (1 July 2009) the MCOs have implemented various measures to ensure that SIM cards are not and cannot be activated unless they have been "RICA'ed", in compliance with the RICA Act.
Section 51(3A) criminalises non-compliance with section 40. An MCO who fails to comply with section 40(1), (2), (3) or (6) is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding R100 000 for each day on which such failure to comply continues.In terms of section 51 (3B) a person who fails to comply with section 40(5) is guilty of an offence and is liable on conviction to a fine (not exceeding R60 000) or to imprisonment for a period not exceeding 12 months.
It has been brought to our attention that some members of the public in certain areas have been able to buy SIM-cards without complying with section 40 of the RICA Act. We understand that these occurrences, however, seem to be limited to a small number of traders who either knowingly or possibly unknowingly contravene the provisions of the RICA Act referred to above.
It would seem that in some instances persons have bought large quantities of SIM-cards which are "RICA'ed" in their own names. These individuals then sell these SIM-cards without complying with section 40(5) of the RICA Act. These persons, in doing so, commit an offence and can and will be prosecuted.They undermine the legislation and jeopardise its aim and objects. The SIM-cards in question can be traced back to them and they will have to face the consequences of their actions.
It should be kept in mind that the RICA Act, like all other legislation, is susceptible to undermining by unscrupulous individuals. The only remedy to ensure compliance with the law in general is to impose penalties for any contravention thereof. The RICA Act does just that.Criminal sanctions are embodied in the RICA Act to deal with instances that have been reported in the media.The law will take its course and prosecutions will surely ensue.
The responsible government departments, the law enforcement agencies and the MCOs have met and will meet again todiscuss the issues that have come to light and to address them as a matter of urgency.
As government, we urge all members of our communities who know of any contraventions of the RICA Act to come forward and report such cases to the South African Police Service or any of the MCO's.
Once again, we would like to thank all South Africans for showing support towards this initiative which is intended to make South Africa a safer place to live in. In addition we hope that you all will continue to enjoy the benefits of staying connected.
Statement issued by Departments of Communications and Justice, July 6 2011
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