Johannesburg, 26 May 2006
The new proposed Regulation of Interception of Communications and Provision of Communication Related Information Act (RICA) requires of cellphone operators to make facilities available to the authorities to enable them to intercept cellular communication for the purpose of more effectively tracking down criminals.
In its current form the new proposed Act requires that no new prepaid service may be connected, and existing prepaid customers must be disconnected by cellphone operators, unless operators have verified the following information: the name of the current or new cellular service owner, his or her home address, business address (or postal address), ID number, telephone number as well as unique cellphone identifier.
"It is clear that crime, especially organised crime, in South Africa must be dealt a crippling blow. It is true that providing the policing authorities with sophisticated tools to aid them in this mission is fundamental and to that end all of South African business must cooperate and make their contribution," says Alan Knott-Craig, Chief Executive Officer, Vodacom Group.
"However, such facilities will cost hundreds of millions of rand and although Vodacom is willing to bear this cost if the law requires it, it is practically impossible to obtain the names, addresses and ID numbers of all prepaid customers and to verify this information," Knott-Craig says.
Vodacom, which has access to all its contract customers` details, can acquire the details of many prepaid customers who are associated with contract customers (children, workers, etc). There are, however, more than 20 million South Africans who use prepaid cellphones who do not fall into this category. The majority of these work in the informal sector and many live in far-flung rural areas. They are absolutely dependent on their prepaid cellphones to find work and to remain in contact with their families.
"Depriving them of the ability to communicate via cellular telephony is to once more condemn them to the world of the `absolutely have nots`," says Knott-Craig.
Knott-Craig explains the difficulty surrounding the mammoth task involved in adhering to the proposed Act: "Fifteen million South Africans do not have ID documents. Apparently more than 15 million South Africans do not live in a street with a name and a number. Since many are not formally employed, they understandably also do not have a `business address`, or at least do not have a permanent business address, let alone a postal address.
"The new regulation will also inhibit subscribers who need to travel from some distant village to register their cellphone, as it is neither practical nor within their means," he continues.
"It is highly unlikely that the registration of prepaid cellphone customers will bring down the crime rate as it is easy for criminals to get a sim card from a neighbouring country, commit the crime and throw away the phone - without ever registering it," says Knott-Craig. "Although crime needs to be fought with all our might, this proposed Act needs more careful thought in terms of its unintended consequences, before becoming law," he concludes.
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