1 Oct 2012

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    RICA is the Regulation of Interception of Communications and Provision of Communication-Related Information Act. The customer registration section of the RICA, as set out by the South African Government requires everyone who has an active cellphone number or purchases a new Prepaid Starter Pack, to register their SIM cards from 1 July 2009.

    Now there is nothing wrong with this act as its aim is to help law enforcement agencies to track criminals using cellphones for illegal activities, thereby contributing to make South Africa safer for everyone. What I wonder is, why is this only being implemented now? Something of this nature should have been done when the cellular network operators were setting up in South Africa.

    What I find to be even more interesting about RICA is how it will apply to foreigners in South Africa. Take for example a visitor coming from Germany for the World Cup in 2010. He needs a SIM card so he can stay in touch whilst he is in South Africa. Now RICA requires one to produce some form of identification. Now the visitor from Germany will have his or her passport which is fine. Now the second requirement for RICA is to produce proof of residence. Now where does a visitor to South Africa get proof of residence from? They are only visiting. So does this mean that they can not purchase a SIM card in South Africa?

    So I went to task yesterday to test this out. I wanted to purchase a new SIM card. So I told them that I am a foreigner visiting South Africa so I do not have proof of residence. The sales person was now confused. They did not know how to handle this situation. He insisted I produce proof of residence which I do not have. He then went to the back to ask his superior and he came back and said it is not possible to make the purchase. So I left and went to another shop and guess what, same response. Then a third shop… Same response.

    So to sum it up, I was not able to purchase a SIM card as a foreigner from a shop which is emphasising on RICA. I knew if I really wanted a SIM card I could just go to the vendors on the street and they would sell me one. So I tried that and I easily got a SIM card and did not have to produce any form of ID or proof of residence.

    Now besides foreigners, how are they going to get every South African with a SIM card to register for RICA? RICA started on 1 July 2009 and I wonder how many people who already have SIM cards have willingly gone to register for RICA. I guess not many. If the said something like, “If you do not register for RICA by 31 December 2009, we will cut off your line.” I am sure that would get people running to register with RICA.

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    20 Responses so far.

    1. pieter says:

      Exactly what I thought.Also imagine being an expat without proof of address in SA,: providing proof of address in E.G. Saudi Arabia will no doubt also work. Same applies when said expat wants to effect banking transactions in SA, notwithstanding that that FICA only requires the insititutions to identify you (section 21) Only answer is to create a “fake”address with someone you know which of course is a criminal offense..

    2. pieter says:

      I meant to say: “providing proof of address in E.G. Saudi Arabia will no doubt also NOT work”.

    3. Sithembiso Mkhize says:

      If you book into a hotel, you get a statement. The statement has an address of your accommodation. That on it’s own is proof of resident,the system doesn’t have flaws (yet) the salesmen on the other hand, a bit shaky on theur side

    4. pieter says:

      Yes Sithembiso: I have also understood that, should one be staying at someone else (friends, family members) the proof must be in the form of a Affadavit Signed at Police Station. A bit of an inconvenience for example if you are staying with elderly parents…It had better be worth it.

    5. Nick says:

      I recently came back from a holiday in South Africa where I was staying with a friend. I managed to buy a SIM Pack from Pick n Pay with no problem. I couldn’t use it unless I went and registered it. But I am not a resident, no proof of address (not even of my UK address) etc etc. It’s daft! If the police need to intercept a cell because of the suspicion of a crime, then they should get a court order to do it. If need be employ a few judges to handle these kind of requests. It would have cost you a lot less than RICA.

    6. carvin says:

      Good day my name is Carvin Goldstone I am a reporter on the Independent on Saturday looking to speak via email to foreigners and locals who have had trouble with the Rica process please email me on [email protected]

    7. joe says:

      Of course it big brother, and the reason is very simple.

      1) No where does it state what they do with this information, and who has access to it. WHY?

      2) If you phone is stolen, they give you no number to report it. WHY?

      3) If it it stolen, do you think the phone companies will care as long as the person still keeps buying airtime.

      Its pretty obvious, after asking some questions and reading the government gazette…

      I believe it comes down to it’s the USA asking South Africa to do this (forced coercion) there is a large muslim population here, and they want to track them.

    8. Peter Scott says:

      I think that the idea of implementing RICA is a total waste of government funding. Our company have done years of research into such technologies and found that this goes against some of our most basic human rights and freedoms.

      Looking at this from a law point of view, it gives the government agencies full right to listen, track and interfere with our personal communication at will. One question remains, is Politicians also required to give their personal details when purchasing prepaid phones?

      What if you have have six kids and buy them all cellphones for presents…

      Strange law…

    9. lerato says:

      If i lost my phone and i rica my sim card will you be able to find the phone for me.

    10. T man says:

      I understand completely what is said here but dont a foreigner use their own numbers still even if they are in a foreighn country??????

    11. stuart says:

      its very funny i went to a couple of places in our local mall to register the sim. one place said that i could not register my account is hand written which i get from the agent every month but i had the reciept with the agent name and tel no, (now i ask with tears in my eyes how do the people in the sqautter get it right).the other place i went to said they can only do cell-c (it does not say that on the reca sign), other place said the machine is down but the shop right next to that got it right ok after a couple of times and 3 people cause of not beening trained. so when they say its so easy my big foot.

    12. linda culbert says:

      Is Enews insane to view the clip of criminals and their intented 2010 crime? Do they realize what damage they are doing? Crazy……

    13. vuyani Jako says:

      hi,I registered on rica about a week ago,and this weekend I received an sms saying that I have won a prize of R 28 000 000, to claim my prize i must e-mail Mrs Alfie at [email protected]. All I want to know is this sms legit and if not how did this person knew that I have registered.
      Waiting for your response ASAP

    14. ernie says:

      How do we know if we are actually registered on Rica? How do we stop Mrs. Alfie’s antics?

    15. Willie says:

      What about internet users?

    16. Eve says:

      I need some help please, if you are getting prank calls, is it possible to get information as to who is calling you if you have rica the sim card??? please help!!

    17. R'rephstoch says:

      Quoting the article: “Now there is nothing wrong with this act as its aim is to help law enforcement agencies to track criminals using cellphones for illegal activities, thereby contributing to make South Africa safer for everyone”

      NOT true. This totalitarian law is a breach of our constitutional privacy and the next chapter in population control. My friend was recently mugged for her cellphone at knife-point, probably because some criminal needed a temporary phone to bypass RICA in organizing a crime. This will happen more and more…

    18. Thato Kekana says:

      I liked Peter Scott’s comment. Section 14 of the Bill of Rights and 36 of the constitution mention explicitly our right to privacy of communications. If it can be proven that the “implied” safety provided by Rica is insufficient to overrule the constitutional right, the act will be reversed by the constitutional court. One such initaiative is underway through a petition, anyone interested in supporting the removal of the act can email me. [email protected]

    19. Ame4lia Azor says:

      What do I have to do when my cell phine is atolen

    20. Ame4lia Azor says:

      Sorry I meant Cell phone

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