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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Chapter 9 : Criminal proceedings, offences and penalties

55. Failure to report loss, theft or destruction of cellular phone or SIM-card and presumption


(1) Any person who fails to report the loss, theft or destruction of a cellular phone or SIM-card in terms of section 41(1), is guilty of an offence.


(2) Whenever a person is charged with an offence referred to in subsection (1) and it is proved that such person was, at the time, the owner or authorised possessor of the cellular phone or SIM-card alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such cellular phone or SIM-card within seven days of a written request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the cellular phone or SIM-card has been lost, stolen or destroyed.