REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... Page 16 of 67 Subject to this Act, no person may intentionally intercept or attempt to intercept, or authorise or procure any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission. 3 Interception of communication under interception direction Subject to this Act, any(a) authorised person who executes an interception direction or assists with the execution thereof, may intercept any communication; and (b) postal service provider to whom an interception direction is addressed, may intercept any indirect communication, to which that interception direction relates. 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. 5 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) (c) 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 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. 6 Interception of indirect communication in connection with carrying on of business http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009