REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... Page 15 of 67 authorised by such acting person; and (b) a public body, means, in the case of(i) a national department, provincial administration or organisational component(aa) (ii) (iii) mentioned in Column 1 of Schedule 1 or 3 to the Public Service Act, 1994 ( Proclamation 103 of 1994 ), the officer who is the incumbent of the post bearing the designation mentioned in Column 2 of the said Schedule 1 or 3 opposite the name of the relevant national department, provincial administration or organisational component or the person who is acting as such; or (bb) not so mentioned, the Director-General, head, executive director or equivalent officer, respectively, of that national department, provincial administration or organisational component, respectively, or the person who is acting as such; a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 ( Act 117 of 1998 ), or the person who is acting as such; or any other public body, the chief executive officer, or equivalent officer, of that public body or the person who is acting as such; 'Telecommunications Act' means the Telecommunications Act, 1996 ( Act 103 of 1996 ). (2) For purposes of this Act(a) the interception of a communication takes place in the Republic if, and only if, the interception is effected by conduct within the Republic and the communication is either intercepted, in the case of- (b) (i) a direct communication, in the course of its occurrence; or (ii) an indirect communication, in the course of its transmission by means of a postal service or telecommunication system, as the case may be; and the time during which an indirect communication is being transmitted by means of a telecommunication system includes any time when the telecommunication system by means of which such indirect communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it. (3) A reference in this Act to the interception of a communication does not include a reference to the interception of any indirect communication which is broadcast or transmitted for general reception. CHAPTER 2 PROHIBITION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF REAL-TIME OR ARCHIVED COMMUNICATION-RELATED INFORMATION AND EXCEPTIONS (ss 2-15) Part 1 Prohibition of interception of communications and exceptions (ss 2-11) 2 Prohibition of interception of communication http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009