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

Chapter 7 : Duties of telecommunication service provider and customer

41. Loss, theft or destruction of cellular phone or SIM-card to be reported

 

(1) Whenever a cellular phone or SIM-card is lost, stolen or destroyed, the owner of that cellular phone or SIM-card, or any other person who was in possession, or had control, thereof when it was so lost, stolen or destroyed, must within a reasonable time after having reasonably become aware of the loss, theft or destruction of the cellular phone or SIM-card, report such loss, theft or destruction in person or through a person authorised thereto by him or her, to a police official at any police station.

 

(2) A police official who receives a report contemplated in subsection (1), must immediately provide the person who makes the report with written proof that the report has been made or, in the case of a telephonic report, with the official reference number of the report.

 

(3) A record of every report made in terms of subsection (1) must be kept at the police station where such a report has been made.

 

(4)

(a) The Minister must, within three months after the fixed date and in consultation with the Cabinet member responsible for policing, issue directives prescribing the—
(i) form and manner in which—
(aa) a report contemplated in subsection (1) must be made; and
(bb) records contemplated in subsection (3) must be kept; and
(ii) information to be contained in such a report or record.
(b) Any directive issued under paragraph (a) may at any time in like manner be amended or withdrawn.

 

(5) Any directive issued under paragraph (a) must, before the implementation thereof, be submitted to Parliament.