An undercover Grocott’s Mail investigation revealed that it is possible to buy SIM cards in Grahamstown without following the RICA procedure because of a loophole in the law.
An undercover Grocott’s Mail investigation revealed that it is possible to buy SIM cards in Grahamstown without following the RICA procedure because of a loophole in the law.
Despite threats of “No RICA, no calls”, which were used to urge citizens to register their SIM cards in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) before midnight on June 31 2011, SIM cards can still be bought without providing identification or proof of residence, due to a loophole that allows for the bulk registration of SIM cards.
Undercover Grocott's Mail reporters were able to purchase SIM cards at cellphone outlets in Bathurst and Beaufort Streets without providing the documentation required by the law.
The reporters purchased a total of four functioning SIM cards (three Vodacom and one MTN SIM card) at these small stores.
Manager of MTN’s Grahamstown branch, Leachima Oliphant, explained how it was possible for retailers to register SIM cards in bulk.
"People are allowed to register a group of SIM cards. So it's either these traders are doing group registration, or registering the SIM cards in their own names."
Tracey Arthur, a Vodacom agent and the manager of Videotronic in High Street, explained how most outlets operate.
"The SIM cards we get are not pre-registered. We sell to individuals, registering them only when they come in with their proof of residence and ID documents," she said.
PEP store manager, Ronnie Scheepers, elaborated. "It's illegal to sell SIM cards that are already registered. RICA agents told us that we are not even allowed to sell cellphones without proper identification from the client – and they not even allowed to produce their license cards as identification."
A statement released jointly by the Department of Justice and the Department of Communications read, “These individuals that then sell these SIM cards without complying with section 40(5) of the RICA Act… commit an offence and can and will be prosecuted… The SIM cards in question can be traced back to them and they will have to face the consequences of their actions.”
Captain Mali Govender of the South African Police Service said, "The police cannot do anything until an official complaint has been laid with them."
