Gg28371 r1263 Interception-Notice
Gg28371 r1263 Interception-Notice
Gg28371 r1263 Interception-Notice
GOVERNMENT NOTICE
GOEWERMENTSKENNISGEWING
I, Brigitte Sylvia Mabandla, Minister for Justice and Constitutional Development, acting
under section 44(l)(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 in Column 1 of the Schedule,
under the conditions or circumstances specified in Column 2 of the Schedule, to be listed
I
equipment.
B. s.MABANDLA
Minister for Justice and Constitutional Development
4 No. 28371 GOVERNMENT GAZETTE, 29 DECEMBER 2005
SCHEDULE
Column 1 Column 2
(1) Any instrument, device or equipment (1) To manufacture, assemble, possess, sell,
which is capable of being used to access, record, purchase or advertise any of these instruments,
monitor or retrieve communications from a devices or equipment, With the intention to use it,
computer, without the permission of the author of whether by itself or in combination with any other
the communication, including but not limited to - instrument, device, equipment or apparatus for the
(a) keystroke recorders; and purposes of unlawful interception of
(b) software that can be installed on a communications in contravention of section 49 of
computer and which has the ability to the Regulation of Interception of Communications
retrieve and/or store information so as to and I
Provision of Communication-related
make it available to another person without Information Act, 2002 (Act No.70 of 2002).
the consent of the author of the
communication . (2) Subject to paragraph (l), above, any
instrument, device or equipment or any component
(2) Any instrument, device or equipment thereof -
which is capable of being used to record, monitor or which is furnished to a customer by a
(a)
listen to a communication, including but not limited teIecommunication service provider in the
to - ordinary course of his or her business and
(a) telephone wiretaps; which is used by the customer in the
(b) long range electronic audio ordinary course of his or her business;
amplified microphones; which is furnished by such customer for
(b)
(c) miniature laser audio transmitters; connection to the facilities of such
(d) miniature radio frequency audio telecommunication service provider and
transmitters; which is used in the ordinary course of his
(e) cellular phone intercepting devices; or her business; or
and which is used by a telecommunication
(c)
(3 miniature sound recording devices.
-
(3) Any instrument, device or equipment
service provider in the ordinary course of
his or her business,
which is capable of being used to visually record, is excluded from the operation of section 44(1)(a).
monitor or observe a communication, including but
not limited to -
(a) miniature video cameras;
(b) miniature cameras; and
(c) night vision apparatus.
(4) Any instrument, device or equipment
STAATSKOERANT, 29 DESEMBER 2005 No. 28371 5