South Africa: All SIM cards on the three GSM networks are to be linked to the identity of the user over the next 18 months

[business day] The contested Regulation of Interception of Communications Amendment Act, which will require service providers to take the personal details of all people buying SIM cards for cellphones, comes into operation today.

The original act, which regulates how communications ranging from land-line phones to cellphones to e-mail can be intercepted by state security agencies, was implemented in 2005, but the sections requiring the registration of all SIM cards for cellphones was held back as the government and the industry negotiated over how this would be achieved.

When originally tabled in Parliament, the cellphone companies opposed the requirements, which would have compelled them to maintain a paper record of all cellular and SIM transactions. In public hearings the industry also complained about the cost of registering all cellphone users, particularly pay-as-you-go ones, and putting their details on a database.

Justice Minister Jeff Radebe, making the announcement yesterday, said from today the industry would be required to take the details of all new customers and would be given 18 months to record the personal details of users of their networks.

Radebe said there were heavy penalties for cellphone companies that failed to comply. If, after the 18 months, there were still unregistered users on cellphone networks the companies would have to suspend their access. Failure to comply is an offence.

Radebe said the reason for registration was that criminals were using technology to execute their crimes. Stories of organised criminals swopping SIM cards after every call in order to blur their trails are legendary. Cellphones have even been used to trigger bombs.

Sharing the platform with Radebe were representatives of MTN, Vodacom and Cell C and all declared their companies ready to implement this last part of the act.

They said that when registering, customers would have to provide their cellphone number, full name and identity or passport number, as well as proof of identity.

Customers would also have to provide their physical address and proof of residence such as a bank statement, municipal or retail account, existing lease, rental or credit agreement, insurance policy or vehicle licence.

South Africa: All Cellphone Users to Be Identified