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

Chapter 10 : General provisions

62C. Keeping of information by juristic persons and persons who lease SIM-cards

 

(1) Any juristic person, having complied with section 40(2) or 62(6), and who provides a SIM-card to a person in its employment must, before handing over the SIM-card to the other person—
(a) record the particulars as required in section 40(2) and the date on and period for which the SIM-card is provided; and
(b) verify—
(i) the full names, surname, identity number and identity of the person to whom the SIM-card is provided; and
(ii) the address contemplated in section 4)(3)(a)(iii),

by means of documentation contemplated in section 40(3)(b).

 

(2) Any person, having complied with section 40(2) or 62(6), and who rents a SIM-card to another person must, before handing over the SIM-card to the other person—
(a) record the particulars as required in section 40(2) and the date on and period for which the SIM-card is rented; and
(b) verify—
(i) the full names and surname, identity number and identity of the person to whom the SIM-card is rented;
(ii) the name and, where applicable, the registration number of the juristic person; and
(iii) the address contemplated in section 40(3)(a)(iii),

by means of documentation contemplated in section 40(3)(b).

 

(3) The information referred to in subsections (1) and (2) must be stored for a period of five years.

 

(4)

(a) An applicant may, for the purposes of making an application for the issuing of a direction, in writing request a person contemplated in subsection (1) or (2) to provide the applicant with the information recorded and stored in terms of subsection (1) or (2), respectively.
(b) A person contemplated in subsection (1) or (2) who receives a request referred to in paragraph (a) must immediately comply with that request if the request relates to any SIM-card in its, his or her possession or to any person to whom the SIM-card was provided or rented.

 

(5) If a person contemplated in subsection (1) or (2) knows or suspects that an identification document submitted for verification as contemplated in section 40(3) is false, it, he or she must, within 24 hours, report the matter to a police official at any police station.