SOUTH Africa’s legislation to allow state security to access mobile phone calls and SMSes has been roundly criticized by human rights groups, diplomatic missions and general members of the public.
Telephone and cellular mobile companies have however said they will comply with the legislation.
Prominent human rights lawyer Gabriel Shumba, argues that the new law would be challenged and tested in the Constitutional Court citing infringment of people’s privacy.
“I think the law should have been tested in the Constitutional Court on the grounds that it seeks to invade privacy, which is a fundamental right. However, it should be remembered that the actual eavesdropping happens only after a court order, thus a decision could go either way.
“I don’t think this law will have much impact on crime as criminals do not plan their crimes on open lines anyway. Moreover, most of the crimes witnessed in South Africa are violent crimes that cannot be stopped because the police can listen in to phone calls,” argued Shumba.
An ambassador from the West African region argued that the new law came as a surprise “considering that SA is regarded as the mother of democracy” in Africa.
He said “invading” of people’s privacy under the guise of fighting crime was a “serious violation” of human rights.
Marvelous Sithole, a law student at the Witswasterand University also deplored the new piece of legislation as a “fallacy”.
“Crime is not fought through interfering in individuals’ privacy. This should be challenged from the lower courts up to the supreme if the need arises.
However, leading mobile company-Vodacom says it is complying with the new legislation and urged subscribers to do so.
“Vodacom will comply with all requirements of the Act. The intention of this law is to help law enforcement agencies identify the users of cellphone numbers and track criminals using cellphones for illegal activities, which will contribute to a safer South Africa for all.
“All information provided to Vodacom is and will be treated with the strictest confidentiality. The information can only be accessed by an order from a judge of the High Court,” said Dot Field, chief communications officer.
RICA, which became effective 1 July, requires that the information be stored in a secure database that is subject to specific security requirements and accessible only to specifically designated persons.
“RICA is a legal requirement from Government and all customers with cellphone numbers on cellular networks in South Africa must comply with the law. It is too early to evaluate the response to the implementation of RICA,” said Field.
