The South African Police Service's (SAPS') investigations unit, the Hawks, is not investigating whether pre-RICAed SIM cards can easily be bought on the streets.
RICA, or the Regulation of Interception of Communications and Provision of Communication-Related Information Act, was brought into effect in the middle of 2009, and was meant to cut down on crimes committed with the use of cellphones.
This morning, Eyewitness News reported it was able to buy pre-RICAed SIM cards at several cellphone stores in Pretoria. The cards were in sealed packages.
South Africans had until midnight last Thursday to comply with the law, or be cut off from the networks.
This is not the first time the law has been breached. Last year, an ITWeb investigation revealed the law had been thwarted when a Pietermaritzburg-based data capturer was the victim of identity theft, after an unknown person took out an MTN contract in his name, and provided his banking details as a means of payment.
The breach occurred despite the law already being in effect, and requiring proof of identity and address before a contract can be taken out, or a prepaid SIM card registered on the network. At the time, MTN said forged documents had been provided.
In addition, another ITWeb investigation revealed subscribers were open to abuse as the law does not clarify how personal details should be secured. Subscribers had reported an up-tick in spam SMSes after registering their SIM cards.
Looking into it
Yet, despite these breaches, the Directorate for Priority Crime Investigation, also known as the Hawks, is not investigating any breaches of the law.
SAPS colonel Vish Naidoo says the unit is looking into the matter as it cannot be ignored, but no-one has lodged a complaint with the Hawks, which is the first step in launching an investigation.
The Department of Communications, under whose ambit RICA falls, was not immediately available to comment this morning.
Eyewitness News reports none of the cellphone operators were able to indicate how many black market SIMs exist, or how they were registered.
World Wide Worx MD Arthur Goldstuck says he warned a year ago that the loopholes in the Act would only result in law-abiding citizens complying with RICA requirement. He says anyone with a false identity can easily circumvent the law, and RICA will not stop organised criminals from operating.
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