Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 5 : Interception capability and compensation31. Compensation payable to postal service provider, telecommunication service provider and decryption key holder |
(1)
| (a) | The Minister, after consultation with the Cabinet members responsible for communications and national financial matters and the postal service providers or telecommunication service providers concerned, as the case may be, must by notice in the Gazette prescribe— |
| (i) | the forms of assistance in the execution of a direction for which a postal service provider, telecommunication service provider or decryption key holder must be compensated; and |
| (ii) | reasonable tariffs of compensation payable to a postal service provider, telecommunication service provider or decryption key holder for providing such prescribed forms of assistance. |
| (b) | The tariffs prescribed under paragraph (a)(ii)— |
| (i) | may differ in respect of different categories of postal service providers, telecommunication service providers or decryption key holders; and |
| (ii) | must be uniform in respect of each postal service provider, telecommunication service provider or decryption key holder falling within the same category. |
| (c) | A notice issued under paragraph (a) may at any time in like manner be amended or withdrawn. |
| (d) | The first notice to be issued under paragraph (a) must be published in the Gazette within three months after the fixed date. |
| (2) | The forms of assistance referred to in subsection (1)(a)(i) must include, in the case of a— |
| (a) | telecommunication service provider, the making available of a facility, device or telecommunication system; and |
| (b) | decryption key holder, the— |
| (i) | disclosure of a decryption key; and |
| (ii) | provision of decryption assistance. |
| (3) | The compensation payable to a postal service provider, telecommunication service provider or decryption key holder in terms of this section will only be for direct costs incurred in respect of personnel and administration which are required for purposes of providing any of the forms of assistance contemplated in subsection (1)(a)(i). |
| (4) | Any notice issued under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament. |