Intellectual Property Rights from Publicly Financed Research and
R 385
Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 2 : Prohibition of interception of communications and provision of real-time or archived communication related information and exceptionsPart 1 : Prohibition of interception of communications and exceptions5. Interception of communication with consent of party to communication |
| (1) | Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence. |
| (2) | Any law enforcement officer may intercept any communication if— |
| (a) | one of the parties to the communication has given prior consent in writing to such interception; |
| (b) | he or she is satisfied that there are reasonable grounds to believe that the party who has given consent as contemplated in paragraph (a) will— |
| (i) | participate in a direct communication or that a direct communication will be directed to him or her; or |
| (ii) | send or receive an indirect communication; and |
| (c) | the interception of such direct or indirect communication is necessary on a ground referred to in section 16(5)(a), unless such communication is intercepted by such law enforcement officer for purposes of committing an offence. |
