No. 36 of 2005 Electronic Communications Act  [ElecCommAct36.pdf]

• Commencement date : 19 July 2006
  PR 29/G 29044/18-07-2006
  Amends :
  Broadcasting Act 4 of 1999
  Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
  Sentech Act 63 of 1996
  Repeals :
  Independent Broadcasting Authority Act 153 of 1993
  Telecommunications Act 103 of 1996 *

No. 25 of 2002: Electronic Communications and Transactions Act, 2002 [pdf]

• No. 25 of 2002: Electronic Communications and Transactions Act, 2002 [pdf]
• No. 25 of 2002: Electronic Communications and Transactions Act, 2002 [html]

No. 70 of 2002: Regulation of Interception of Communications and Provision of Communication-related information Act, 2002.

PDF 

• a70-02a.pdf
• a70-02b.pdf
• a70-02c.pdf
• a70-02d.pdf
• a70-02e.pdf
• 282712140.pdf - 1325 Regulation of Interception of Communications and Provision of Communication-Related Information Act (70/2002): Directives in respect of different categories of telecommunications service providers made In terms of the Act

Key provisions relating to businesses

6. (1) Any person may in the course of the carrying on of any business, intercept any indirect communication-
(a) by means of which a transaction is entered into in the course of that business;
(b) which otherwise relates to that business; or
(c) which otherwise takes place in the course of the carrying on of that business, in the course of its transmission over a telecommunication system.
(2 ) A person may only intercept an indirect communication in terms of subsection (1)-
(a ) if such interception is effected by, or with the express or implied consent of, the system controller;
(b) for purposes of-
(i) monitoring or keeping a record of indirect communications- 
(aa) in order to establish the existence of facts;
(bb) for purposes of investigating or detecting the unauthorised use of that telecommunication system; or
(cc) where that is undertaken in order to secure or as an inherent part of, the effective operation of the system; or
(ii) monitoring indirect communications made to a confidential voice-telephony counselling or support service which is free of charge, other than the cost, if any, of making a telephone call, and operated in such a way that users thereof may remain anonymous if they so choose;
(c) if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and
(d) if the system controller has made all reasonable efforts to inform in advance a person who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.

Subscriber Documents

Electronic Communications Policy incl. [MS Word -right click and select "Save Target As"]

• Employee Consent Form
• Electronic Communications Policy
• Implied Consent Options
• Reasonable Efforts to Inform

Related Legislation

Protected Disclosure Act

The Promotion of Access to Information Act 2 of 2000

Under section 63 of the Regulation of Interception of Communications and Provision of Communication-related Information Act,2002 (Act No .70 of 2002),I hereby amend Proclamation No .R.55 of 30 September 2005,by the substitution for the date "30 November 2005"in paragraph (b)of the said Proclamation of the date "30 June 2006".

Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-eight day of November Two thousand and five.

By Order of the President-ín-Cabinet :

No .R.1263 29 December 2005

I, Brigitte Sylvia Mabandla, Minister for Justice and Constitutional Development, acting under section 44(1)(a)of the Regulation of Interception of Communications and Provision of Communication-related Information Act,2002 (Act No .70 of 2002), hereby declare the instruments, devices and equipment mentioned ín Column 1 of the Schedule, under the conditions or circumstances specified in Column 2 of the Schedule, to be listed equipment.