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One of the cellphone businesses in Sunnyside that sells pre-registered SIM cards to cellphone users. Photo: Sarah Makoe
The Regulation of Interception of Communication and Provision of Communication Related Information (Rica), the deadline of which was last Thursday, has been compromised by unscrupulous traders who are selling pre-registered SIM cards to cellphone users.
Labelled as defeating the objectives of Rica, network providers and the government on Monday said it was illegal and against the law, and that perpetrators deserved to face the full might of the law.
The Tshwane traders, some based in Sunnyside and others in Arcadia, have been selling pre-registered SIM cards for about R20 a card for weeks now, residents in these areas say.
They have also allowed cellphone owners to by-pass the registration process which requires that they produce IDs and proof of residence to be put on the cellular network data base.
“This action could constitute fraud,” police spokesman Warrant Officer Duane Lightfoot said.
Although cases of pre-registered SIM cards were still negligible at this stage, police would be working with network operators to investigate cases of traders selling such SIM cards, he said.
On a walkabout on the streets of the two areas on Monday, a Pretoria News team bought an already-registered SIM card and also established that some traders had even run out, owing to high demand.
In Sunnyside, all traders – both in formal shops and on the streets – pointed the team in the direction of Asma Cellulars & Electronics.
Assuring the team that the SIM card was legitimate, a worker in the shop said: “I have registered the SIM cards in the business address so we are prepared to take the blame if anything happens.”
Another worker opened a sealed starter pack and instructed the ’News staffers to insert the card into their phone and said they should dial the network numbers to check for registration, which proved it was registered in terms of Rica.
But business owner Touhidur Rahman denied any knowledge of the selling of unlawfully registered SIM cards, blaming staff at the shop for this.
“I am busy and I’m never at the shop,” he initially said, but later on during an interview he said: “We get the SIM cards from network suppliers and cannot be blamed for receiving SIM cards that have already undergone the Rica process.”
In Arcadia, the team was directed to a business along the main street, which had run out of pre-registered SIM cards.
According to the Rica Act: “…any customer who sells or in any manner provides an activated SIM card to a person, other than a family member, and the person who is to receive the SIM card must, immediately upon the sale or provision of the SIM card, provide the relevant electronic communication service provider with the full names, surname and identity number of the customer… “
Individuals are required to produce their green bar-coded ID or temporary ID certificate or passport.
For proof of residence, Rica registration requires either the user’s bank statement, municipal rates statement, cellphone or retail monthly statement.
“Nobody – be it a service provider or anyone – can sell a SIM card and connect a customer without the customer producing the required documents.
“If they do so they are breaking the law,” Department of Communications spokesman Tiyani Rikhitso said.
The pre-registration of the SIM cards messed up the government’s goal – to ensure that cellular operators had detailed information of all their clients, to enable the interception of cellphone communications if there is reasonable suspicion of crime; and to curb organised crime.
Vodacom’s head of media relations Richard Boorman said: “Vodacom does not condone the sale of SIM cards pre-registered for Rica.” The registration of multiple SIM cards was allowed as many people used multiple mobile devices although it was limited to 100 per individual.
MTN’s Chief Corporate Service officer Robert Madzonga said customers who sold already activated SIM cards to others were required by the law to notify MTN of the change of ownership to allow the company to update Rica information.
“MTN has lodged a complaint with the police to investigate these type of Rica transgressions, and will work with the authorities as permissible in law,” he said. - Pretoria News
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Anonymous, wrote
South Africa land of fraudsters,criminals,murdereres,rapists,racists,fakes, paedophiles,greedy tycoons,sushi kings,fat cat miners, greedy vets,poachers,shady lawyers. SA is falling rapidly...
Anonymous, wrote
Who thought there would not be massive fraud with this system? The examples for fraud start in the government of the country and of course it will filter down. In the end the only people without fraudulent sim cards will be the people who are not criminals. Exactly the same as with firearms. More difficult for people on the right side of the law and just a slight inconvenience for criminals.
Anonymous, wrote
What concerns me is that these crooks could have used my details to RICA the sim cards they sell and that I get woken up at 3am in the morning by the SAPS wanting to arrest me because the card has been linked to some drug crime or major armed heist. With some of the trigger happy cops these days, that may not be too pleasant .. this whole thing was a waste of time because it relied on the honesty of the people at the coal facecounter . and we can see now just how honest they have been ...
ken, wrote
Can someone tell me how all the blacks in the townships are going to prove residence etc yet whites are forced to provide proof of address, electricity etc etc this is another of the ANCs tricks before they slaughter the whites, its their way of counting how many cows there are to still bleed dry
Anonymous, wrote
mrs Kiwi, for your information NZ is no better than SA. U r one of those cowards who fear change, cannot stand on your own 2 feet.Run and never look back, you ostrich.
Anonymous, wrote
Those of you who are leaving make it quick, we want your jobs and your cheap homes-can't wait
bleh, wrote
how many of us have actually read the rica act?i havent, this is a act that is unconstitutional, it goes against our right as individuals. yes, we want crime etc to be tracked, but, honestly, survailance is quite possibly the most useless form of crime prevention...how many criminals are honestly now afraid of making a phone call?what happened to our personal lives?but lets be democratic in this regard, President Zuma, and monkey Malema, i would love to hear your phone calls from this day forth...its the law, and its only fair,
Anonymous, wrote
all these networks dont give damn about our concerns.
Charlene, wrote
During the Easter weekend of 2010, my sim card was blocked by Vodacom because a victim gave them them my number instead of hers (Vodacom didn't bother to check). To get my old number back I had to purchase a new sim card. The man at the shop told me that the sim card had already been Rica'd. I reported this to Vodacom, who said 'it's impossible'. Hyenas laughing in the background...
Anonymous, wrote
As usual a lot of work hours and money was wasted getting the honest people to jump through these stupid hoops with poorly thought out, unenforceable legislation, while the criminals who are called OUTLAWS because they operate outside the law carry on regardless.
mrs Kiwi, wrote
Hey Simon49, you must come live here in nZ.We leave our car doors umlocked.We dont have gates fences or dogs and leave our house unlocked 247.I love the trust as you get crime here but expecially on the North Shore it is laughable compared to SA. I dread the thought of returning to SA if ever as I have learned to be lax in my security.My 16 year old daughter goes for jogs at 10pm and I know she is safe.Kids of under 16 have a 12pm curfew.I am not scared here like I used to be in Sa.Lord please keep my kids and myself here forever.Its been the best 3 and a half years of my life.
George, wrote
You know the old saying that a lock is only there to keep the good people out? well, same principle as all our laws that the police can't enforce. We the good people end up paying and the unscrupulous just do as they've always done which is just as they like. Why must we even bother then???
Tsedo, wrote
Traders who are selling pre-registered SIM cards to cellphone users and not following the regulations must be charged as for they are committing fraud as well as not adhering to relevant laws and regulations. There are already several individuals and companies that suffer because of sims registered in a false manner as well as with false particulars. The only way to start fighting "communication" fraud is at the root and that is with the traders. The trader know that if his actions (registration) is against the law, he is condoning the actions that is to be carried out with that sim-card and must be prosecuted accordingly.
simon49, wrote
Isn`t it amazing how we have accepted that crime is an everyday problem that is not going to go away. We change our lives to accomodate crime in other words. Rica our phones, get charged hellish prices for in-bank transactions, pay security companies huge amounts to `look out` for our property etc. The real problem is crime. Can you imagine how amazing it would be to live in this country with low crime stats....say those of Switzerland or Sweden for example. Just daydreaming here I know but wow! If only :)
Pitty the Gullible, wrote
Can anyone honestly tell me that preRICA, they were not listening in already? Can anyone also please indicate whether the people doing the listening have the required level of integrity? Before long we will need a license to own a crowbar (housebreaking), cutlery and sundry sports equipment (assault & murder)... etc. People thinking RICA and FICA will stop criminals or even make things harder for them are fooling themselves.
Anti-RICA, wrote
Short and Utterly Pointless. Nice Going Alkash
Anonymous, wrote
My cleaning lady did not to RICA as people apparently went around in townships to RICA clients. Her phone is still working.
Debz, wrote
I know a few people that have had their houses robbed days after getting new Blackberry cellphones... makes you wonder who wants the adresses...
Alkash, wrote
It is those who are two faced in there words that cause South Africa to go backwards, People like those who do not accept the new South Afric.
Nomsa, wrote
In west street (DURBAN), last week there was an Indian guy who was busy selling registered sim cards.
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