Rica compromised by fruad

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


Source - Pretoria News - iol.co.za
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