Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 5 : Radio Frequency Spectrum32. Control of possession of radio apparatus |
| (1) | No person may possess any radio apparatus unless he or she is— |
| (a) | in possession of a radio frequency spectrum licence granted in terms of this Chapter; or |
| (b) | exempted as prescribed in terms of section 31(6). |
| (2) | The Authority may, subject to this Act, the related legislation and other applicable law, enter onto property for purposes of inspecting radio apparatus in accordance with subsection (3). |
| (3) | Where a person is found in possession of any radio apparatus in contravention of the provisions of this section, the Authority may— |
| (a) | seal or alter such apparatus or any part thereof in order to— |
| (i) | prevent the use of that radio apparatus for the purpose of transmission or reception; and |
| (ii) | grant to such person a permit for a limited or indefinite period authorising the possession of that apparatus on condition that it is not, during such period, used for such purpose; or |
| (b) | seize such apparatus, whether or not it is sealed as contemplated in paragraph (a), for disposal in terms of subsection (4). |
| (4) | Radio apparatus seized under subsection (3)(b) must be held by the Authority at the cost of the person from whom it was seized until— |
| (a) | its possession is authorised in terms of section 31; or |
| (b) | the matter is dealt with by a court of law. |
