A south african innovative success story mxit, south africas own ott innovation was introduced in 2003 from a concept developed by south africas stellenbosch university in 1997 the multidevice instant messaging service peaked at 10. Be it enacted by the parliament of the republic of south africa, as follows. Communications surveillance and privacy in south africa. Regulation of interception of communications and provision.
Aug 01, 2015 justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. Related information act rica is a south african law that regulates the interception of communications and associated processes such as applications for and authorisation of interception of communications. Act 70 of 2002 rica which statute permits the interception of communications of any person by authorised state officials subject to prescribed. On 1 july 2009, the rica law has been implemented in south africa. Notice of birth for children born of south african citizens 4. The law came into effect on 22 january 2003 when it was published in the government gazette of south africa number 28075. The south africa act, 1909 is an article from the american journal of international law, volume 4. The fic act brings south africa in line with similar legislation in other countries designed to reveal the. Your guide to labour law in south africa labour guide.
Section 1, part a of chapter 5 s 3954, sections 112 and 1 on 11 april 2014 government gazette 37544, 11 april 2014. The financial intelligence centre act fica was implemented by the south african government to help prevent illegal financial activity. Rica,5 to the electronic communications and transactions ect act6 and now the bill on cybercrimes, namely the ect act. Application of the act and its implication to tourism. Sphere of application chapter ii maximising benefits and policy framework part 1 national estrategy 5. Amended by general intelligence laws amendment act 11 of 20 amended by regulation of interception of. Be it therefore enacted by the parliament of the republic of south africa, as follows.
Powers and duties of directorgeneral registration of births 3. The regulation of interception of communications and provision of communication. To confirm your identity, we need an acceptable copy of the. South africa is further a top target for cybercrime in africa because of its high internet connectivity rates, attractive gdp per capita and poor levels of cyber security especially in business. Overview of electronic communications regulation in south africa. This is a list of acts enacted by the parliament of south africa from its establishment in 1910 to the present.
Independent communications authority of south africa act, 2000 20000501. Sep 16, 2019 the south gauteng high court has found that parts of the regulation of interception of communications and provision of communicationrelated information rica act are unconstitutional. For example, rica requires that all customers on all the cellular networks in south africa should register all new and existing cellular phone numbers and to provide to their service providers all information required by the act. You will also be able to recharge airtime, sms and data quickly for up to 5 people. In a world and country where technology is dynamic in nature and is continuously evolving, south africa has struggled to keep up with these developments and in regulating cyber security and cybercrimes. The act also allows the recording of phone calls to, say, a call centre by a business running that call centre. Rica implemented in south africa running wolfs rant.
South africas rica law has been ruled unlawful and invalid. Jan 09, 2009 a who is a south african citizen or is lawfully and permanently resident in the republic i a green, barcoded identity document issued in terms of section 8 of the identification act, 1986 act no. Rica is the piece of south african legislation that governs the interception or monitoring of paperbased and electronic communications. This act places very tight restrictions on employers wishing to monitor telephonic, email and other communications of employees at the workplace. This article provides an overview of rica and identifies two areas in which the balance to preserve rights and prevent crime may be skewed. List of acts of the parliament of south africa wikipedia. B e it enacted by the parliament of the republic of south africa, as. Apr 21, 2017 rica does not provide an approval mechanism regarding interception or surveillance of foreign signals, which may ensnare people in south africa. Rica stands for the regulation of interception of communications and provision of communication related information act 70 of 2002.
March 2016 except where otherwise noted, the content of this handbook is licensed under a creative commons attribution 4. Independent communications authority of south africa the independent communications authority of south africa icasa is the independent communications regulator, set up and governed by the icasa act. Communications surveillance and privacy in south africa was produced by the media policy and democracy project for the right2know campaign. Arrangement of sections sections chapter i interpretation, objects and application 1. Mar 25, 20 rica south africa regulation of interception of communications and provision of communication related information act last updated on mar 25, 20 some documents regarding the rica regulation of interception of communications and provision of communication related information act legislation that was introduced into law on the 1st of july. Contents of act section part 1 introductory provisions chapter 1 definitions and interpretation protection of personal information act 4 of 20 proclaimed see pendlex s. The regulation of the interception of south africa.
Is it legal for someone to record you without your knowledge. It was the work of white delegates who represented white electorates, less than onefifth of the. The fica act the financial intelligence centre amendment act fica act the fica act amends the existing financial intelligence centre act 2001 to strengthen south africas sa ability to fight illicit financial flows and other forms of financial crimes, which include money laundering, corruption, terrorism financing and tax evasion. Rica south africa regulation of interception of communications and provision of communication related information act last updated on mar 25, 20 some documents regarding the rica regulation of interception of communications and provision of communication related information act legislation that was introduced into law on the 1st of july. The financial intelligence centre act 38 of 2001 the fic act came into effect on the 1st of july 2003. High court finds that south africas surveillance act rica is. List of acts of the parliament of south africa, 194049.
Get this free ebook and see how you can use your act score report to identify whether your interests match up with your intended major, help plan your future after high school, and more. Interception of communications and provision of communicationrelated information act of 2002 otherwise known as rica and in terms of the act, generally. The act requires mobile operators cell c, mtn and vodacom, as well as other service providers such as nashua mobile, autopage and virgin mobile south. Overview of electronic communications regulation in south. Electronic communications and transactions act, 2002. Sep 16, 2019 south africas rica legislation, which governs the ability of the state to spy on the electronic communications of citizens, is unlawful, the high court in johannesburg has ruled.
South africa act, act of 1909 that unified the british colonies of the cape colony, natal, transvaal, and orange river see orange free state and thereby established the union of south africa. South africas rica legislation, which governs the ability of the state to spy on the electronic communications of citizens, is unlawful, the high court in johannesburg has ruled judge roland sutherland found that the legislation known formally as the regulation of interception of communications and provision of communicationrelated information act is inconsistent with the. Icasa act independent communications authority of south africa. Regulation of interception of communications and provision of.
As a necessary part of this act, the identity of any customer participating in any financial transaction through 22seven has to be verified. Justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. Iclg cybersecurity laws and regulations south africa covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers in 32 jurisdictions. Protection of constitutional democracy against terrorist and related activities, 2004 act no. Icasa is the regulator for the south african communications sector, responsible for the regulation of broadcasting, postal and telecommunications services. Be it enacted by the parliament of the republic of south africa as follows. Iclg cybersecurity laws and regulations south africa covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers. Regulation of interception of communications and the provision of communicationrelated information act, act 70 of 2002.
The south africa act, 1909 is an article from the american journal of international law, volume 4 view more articles from the american journal of international law. This act not affected by agreements chapter two regulation of. The regulation of interception of communications and provision of communicationrelated information act 70 of 2002 intends. Cybersecurity 2020 laws and regulations south africa. A judge can only grant such permission if strict criteria are met. Cybersecurity 2020 laws and regulations south africa iclg. Project3 mpdp, looks at how the south african legislation on. On monday, some elements of south africas rica act have been ruled unconstitutional, unlawful and invalid by the south gauteng high court. Cliffe dekker hofmeyr cybercrimes bill a positive step. This is the current version and applies as from 26 may 2014, i. Be it enacted by the parliament of the republic of south africa, as.
The regulation of interception of communications and provision of communicationrelated information act rica is a south african law that regulates the interception of communications and associated processes such as applications for and authorisation of interception of communications. Its the regulation of interception of communications act and provision of communicationrelated information act. Cyberrelated incidents such as cybercrimes, it related failures and data breaches have been rated as the number one risk to south african businesses according to the 2018 allianz risk barometer report. South africans have been sleepwalking through many privacy issues that have made people elsewhere take to the streets in protest. Rica is unconstitutional, high court rules techcentral. Register to gain acess to my mtn and your mtn contract account mtn active. The regulation of interception of communications and provision of communicationrelated information act 70 of 2002 rica came into effect on the 1 july 2011. The project was established in 2012 to promote participatory, public interest policymaking on media and communications issues. It was the work of white delegates who represented white electorates, less than onefifth of the population of the new country to a national conventionmeeting variously at durban, cape town, and. Understanding the new companies act pwc south africa. List of acts of the parliament of south africa, 191019. Technology has become an indispensable part of modern life it has significantly changed the way people communicate and do business. When you can and cant legally record someone in south. Its the regulation of interception of communications act and provision of.
The act does allow the interception of phone calls and the like by the police but usually only if permission has been granted to do so by a judge. The law came into effect on 22 january 2003 when it was published in the government gazette of south africa. The minister of home affairs has, in terms of section 32 of the births and deaths registration act, 1992 act no. Inclusion of provisions in contracts of employment 5. Authority means the independent communications authority of south africa established by section 3 of the independent communications authority of south africa act, 2000 act of 2000. This happened against the background of a rise in organized criminal activity caused by sophisticated communication technology such as mobile telephones, satellite communications, email and other computer related communications. The act was signed by the president on 8 april 2009, but. Rica has been widely covered in the media as south africa becomes increasingly reliant on technology in all spheres of life.
Related information act rica is a south african law that regulates the. The fic act was introduced to fight financial crime, such as money laundering, tax evasion, and terrorist financing activities. High court finds that south africas surveillance act rica. Protection of personal information act 4 of 20 south. Communicationrelated information act, 2002, so as to insert certain new definitions and. Prevention and combating of corrupt activities act 12 of 2004 protection of constitutional democracy against terrorist and related activities act 33 of 2004 electronic communications act 36 of 2005 regulation of interception of communications and provision of communicationrelated information amendment act 48 of 2008 regulations under this act. As such, it is intended to provide the reader or hisher entity with general information of interest. Rica does not provide an approval mechanism regarding interception or surveillance of foreign signals, which may ensnare people in south africa. List of acts of the parliament of south africa, 193039. The south gauteng high court has found that parts of the regulation of interception of communications and provision of communicationrelated information rica act are unconstitutional. Interception of communications act department of justice. List of acts of the parliament of south africa, 192029. The regulation of interception of communications and provision of communicationrelated information act, number 70 of 2002 rica came into effect at the end of september 2005.
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