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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 exceptions

Part 1 : Prohibition of interception of communications and exceptions

4. Interception of communication by party to communication

 

(1) Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.

 

(2) Any law enforcement officer may intercept any communication if he or she is—
(a) a party to the communication; and
(b) satisfied that there are reasonable grounds to believe that the interception of a communication of another party to the 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.