Report of the Portfolio Committee on Justice and Constitutional Development on the Regulation of Interception of Communications and Provision of Communication-related Information Bill [B 50B - 2001] (National Assembly - sec 75), dated 12 November 2002:

The Portfolio Committee on Justice and Constitutional Development, having considered the Regulation of Interception of Communications and Provision of Communication-related Information Bill [B 50B - 2001] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 1 November, p 1693), referred to the Committee, reports the Bill with amendments [B 50C - 2001].

The Committee wishes to report further, as follows:
1. After the Bill was passed by the National Assembly on 17 September 2002, it has been brought to the Committee's attention that the Bill does not provide for compulsory "blacklisting" of lost and stolen cellular phones. When a cellular phone (handset) is "blacklisted" by a cellular telecommunication service provider, the handset is inactive on all networks (provided they support blacklisting) and the handset cannot be used again unless it is delisted by the cellular telecommunication service provider concerned or by other unlawful means.

From the preliminary views expressed by the respective cellular telecommunication service providers on the issue of compulsory "blacklisting", it appears to the Committee that there is no unanimity amongst them on the matter in question. Whilst some of them support compulsory "blacklisting", others are more in favour of compulsory "greylisting". When a cellular phone (handset) is "greylisted" by a cellular telecommunication service provider, the handset remains active and can be used on all networks, but the user will receive periodic messages to contact his or her telecommunications service provider,

since the phone was reported as lost or stolen.

Due to a lack of time, the Committee was not in a position to -
(a) obtain the formal views of the cellular telecommunication service providers and law enforcement agencies on the matter in question; and
(b) conduct any investigation into the matter in question and to consider the advantages and disadvantages of "blacklisting" and "greylisting", respectively.
In the light of the above, the Committee recommends that the Minister for Justice and Constitutional Development be requested to -
(i) direct that his Department investigate the above-mentioned matters with a view to submitting amending legislation, if necessary, to Parliament at the earliest opportunity; and
(ii) submit a progress report on the investigation to the National Assembly by not later than February 2003.

Report to be considered.