Cellphone interception allowed

Cape Town - The bill which will help law enforcement agencies to intercept the cellphone conversations of suspected villains passed the National Council of Provinces on Tuesday. But it will now need to go back to the National Assembly for approval of amendments made by the council.

The Regulation of Interception of Communications and Provision of Communication Information Amendment Bill originated from a request from the three cellphone operators - MTN, Vodacom and Cell C - who said they could not record and store certain information about their customers as the original act required.

Justice Minister Brigitte Mabandla told the NCOP that the bill as it stands still requires the recording and storing of information, but it does so by making use of an electronic solution.

The select committee changed the bill so as to allow foreign visitors to use cellphones networks here without first registering their personal details. However, the minister accepts that with a little more effort - that is by using the information held by foreign forces - it will be possible to establish the identity of the user.

However, she wanted the effectiveness of the system to be monitored and warned that it might be necessary to revisit the clause.

Another amendment gives service providers 18 months instead of a year to record and store the information of their existing customers.

The minister said the recent Australian case - dubbed Australia's biggest terrorism trial - showed how important the subject was. "In this case a conviction was secured on the strength of evidence which included evidence on the strength of intercepted communications," she told members.

- I-Net Bridge