REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
(b)
Page 20 of 67
if such steps included the interception of an indirect communication,
any recording of that indirect communication that has been obtained
by means of that interception, any full or partial transcript of the
recording and any notes made by that telecommunication service
provider of that indirect communication.
(6) A designated judge must keep all written confirmations and affidavits and any
recordings, transcripts or notes submitted to him or her in terms of subsections (4) (b)
and (c) and (5), or cause it to be kept, for a period of at least five years.
9
Interception of communications authorised by certain other Acts
(1) Any communication may, in the course of its occurrence or transmission, be
intercepted in any prison as defined in section 1 of the Correctional Services Act, 1998
( Act 111 of 1998 ), if such interception takes place in the exercise of any power
conferred by or under, and in accordance with, any regulations made under that Act.
(2) If any regulations referred to in subsection (1)(a)
were made prior to the fixed date, the Cabinet member responsible for
correctional services must within one month after the fixed date, if
Parliament is then in ordinary session, or, if Parliament is not then in
ordinary session, within one month after the commencement of its
next ensuing ordinary session, submit a copy of those regulations to
Parliament; or
(b)
are made after the fixed date, the Cabinet member responsible for
correctional services must, before the publication thereof in the
Gazette , submit those regulations to Parliament.
10
Monitoring of signal for purposes of installation or maintenance of
equipment, facilities or devices
Any person who is lawfully engaged in duties relating to the(a)
installation or connection of any equipment, facility or device used, or
intended to be used, in connection with a telecommunication service;
(b)
operation or maintenance of a telecommunication system; or
(c)
installation, connection or maintenance of any interception device
used, or intended to be used, for the interception of a communication
under an interception direction,
may, in the ordinary course of the performance of those duties, monitor a signal relating
to an indirect communication where it is reasonably necessary for that person to monitor
that signal for purposes of performing those duties effectively.
11
Monitoring of signal and radio frequency spectrum for purposes of
managing radio frequency spectrum
Any person appointed as an inspector in terms of section 17F of the Independent
Communications Authority of South Africa Act and who is lawfully engaged in performing
the functions of the Authority relating to the management of the radio frequency
spectrum, as contemplated in section 30 (1) of the Electronic Communications Act, may,
in the ordinary course of the performance of those functions, monitor a signal or radio
frequency spectrum relating to an indirect communication which is transmitted over
radio, where it is reasonably necessary for that employee to monitor that signal or radio
frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or
interfering use of such a signal or frequency or of a transmission.
[S. 11 substituted by s. 97 of Act 36 of 2005.]
Part 2
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009