The Justice Minister announced the implementation of Interception of Communication & Provision of Communication Act, aimed at combating organized crime syndicates. All cellphone users must register their SIM cards with their respective service providers by the end of 2010 (18 months), thus providing your identity and proof of residence. Failure to comply with the stipulation will result in the unregistered SIM cards being blocked. All the SIM cards the user uses and those of their kids must also be registered.
As much as I want to convince myself that this is aimed at the betterment of and rid this country of organized crime, I sincerely believe that this is blatant invasion of people's privacy. Remember the movie - Enemy of the State - starring Will Smith? How are we expected to make conversations with the thought of a NIA agent listening at the other end? How is one expected to share intimate, saucy, juicy or lustily details with their loved ones with the thought of a certain "pervert" listening for the supposed "criminal conversations"?
Our Intelligence Agency has got data base on the operations and syndicates involved in this heinous acts, so why not tap phones of the suspected perpetrators. Organized crime would not be executed without sufficient and 'inside' info; I don't have to be an Intelligent Agent to know this. So, why burn the entire forest in search of snakes whose hideouts are known? The registration of SIM card is equivalent to installing tracking device to people, thus monitoring their every detail. Are we properties of the state or the state is the people's property?
INVASION OF PEOPLE'S PRIVACY
ReplyDeleteConstitutional conflicts
Section 14 of the Bill of Rights in the South African Constitution of 1996 expressly provide that "every one has the right to privacy , which includes the right to have their (d) privacy to communication not infridged. The govenment is infridging with people's privacy.Yes the data bases of intelligence agency have the infor for criminal activities.Let me be frank-even our participation are being monitored- this is my opinion.
On the other hand the state had an obligation to protect every body hence section 36 of the same constitution limit the rights in the Bill of Rights. The Policy , Defence and Intelligence Agencies are empowered to assist the States to have the right of security for citizens on chapter 11. Hence it seems the goverment is balancing the two-right to privatcy and right to security.
We have RICA (Regulation of Interception of Communication Act )and FICA (Financial Inteligence Centre Act) What do you think are the relation of the two. If there is any money accumulated through the unlawful activities the act is there.May be it is job creation as it provide the establishment of interception centres ,an office for interception centres, an internet service providers assistance fund.So many generation of jobs
I think some of the actions by the authorities are so questionable that I think is just matter of being gripped by paranoia!
ReplyDeleteTo Vusi
ReplyDeleteI think the risks involved in this act are far less than the positives.Imagine if the USA had intercepted the conversations that took place between the group that bombed them on the 11th of september. Think of the lives that could have been saved had the authorities heard. The reason we have the constitutional court is for the rights enshrined in the constitution to be debated. The recent judgement of the chinese being classified as qualifying members of the BEE in SA. I sometimes wish i was a lawyer during these times in SA. The atmosphere for healthy debate is great.
Dear Moavus
ReplyDeleteWhat we also need to bear in mind, is that this system will be run by human beings.And have we forgotten that even gangster have their own encrypted lingo. Are the NIA going to study that?
Jerome