SAfrica: Bill passed allowing state to monitor electronic communications and mail

Controversial legislation aimed at regulating the interception and monitoring of electronic and postal communications was approved in the National Assembly on Tuesday [17 September].

The Regulation of Interception of Communications and Provision of Communication-related Information Bill was supported by all parties, with the exception of the Pan Africanist Congress [PAC].

Introducing debate on the measure, Deputy Justice and Constitutional Development Minister Cheryl Gillwald said it had been widely criticized in various quarters.

She said reasons for this were claims it infringed on an individual’s right to privacy, and that the cost of this would have to be borne, mainly, by the telecommunication service providers themselves.

“I am convinced sufficient safeguards have been built into the bill to ensure that while we fulfil the duty incumbent on the state to combat crime, we at the same time avoid unjustifiable intrusion on any person’s right to privacy.”

Regarding cost, Gillwald said thorough research had been done, and the manner in which this issue was dealt with in the bill was in line with what was done in other countries.

“I also believe the bill will be an important mechanism in government’s fight against crime, and especially organized crime,” she said.

Among other things, the bill allows the state and law enforcement agencies to intercept and monitor the electronic and postal communications – including calls made on cell phones – of ordinary South Africans.

Prior judicial sanction is required for all interception or monitoring, but the bill allows exceptions to be made for emergency situations, or where a life is in danger.

Only a designated judge may issue interception directions, and only after compliance with strict criteria.

The judge must be satisfied, for example, that reasonable grounds exist to believe that the commission of a serious offence is involved, or a threat is posed to the public health or safety, national security, or national economic interests.

The bill also requires telecommunications service providers to install the equipment that makes interception and monitoring possible.

The bill also contains a general obligation to report the loss, theft or destruction of cell phones and SIM cards.

The Democratic Alliance’s [DA] Tertius Delport said his party had initially been concerned about certain provisions, but these had been cleared up, and the DA supported the legislation.

He agreed with Gillwald that the individual’s right to privacy was well protected in the bill.

Madala Mzizi of the Inkatha Freedom Party said it would be foolhardy to deny that communications played a crucial role in the planning and execution of especially organized crime.

The bill would effectively deal with this, while interception and monitoring could only be done in terms of the rule of law, he said.

The bill also received the support of the New National Party, United Democratic Movement, African Christian Democratic Party, and the Freedom Front.

However, PAC deputy leader, Dr Motsoko Pheko, opposed the measure, saying it was a “relic” belonging in the old order, not a democratic society.

The bill will now go to the National Council of Provinces for concurrence.

Source: SAPA news agency web site, Johannesburg, in English 1603 gmt 17 Sep 02

/ý BBC Monitoring