South Africa's telecommunications industry is proposing a new framework aimed at strengthening SIM card registration requirements.
It also recommends amendments to the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA).
According to a statement, the proposed amendments seek to address SIM card registration weaknesses that have long been exploited by criminals.
The Association of Comms and Technology (ACT), representing SA’s major mobile network operators, says it has developed and completed a framework agreement, together with government. This follows engagements with the Department of Justice and Constitutional Development (DOJ) under the Justice, Crime Prevention and Security (JCPS) Cluster.
According to the industry body, the agreement introduces enhanced customer registration, identity verification, compliance monitoring and oversight measures designed to improve the integrity of South Africa's SIM card registration regime, while government considers legislative amendments to RICA.
The initiative comes amid growing concern over the use of fraudulently-registered SIM cards in a wide range of criminal activities, including financial fraud, identity theft, extortion and other organised criminal activities.
Addressing RICA weaknesses
Although RICA requires every SIM card to be registered before activation, law enforcement agencies have repeatedly highlighted shortcomings in the implementation of the legislation, with improperly registered or fraudulently activated SIM cards continuing to circulate across SA.
In parallel with the Framework Agreement, ACT says it has submitted proposals to the DOJ outlining legislative and operational reforms that it believes would strengthen section 40 of RICA, which governs SIM card registration requirements.
During the development of the agreement, ACT says it consulted the Competition Commission to ensure the proposed collaborative measures complied with competition law.
The industry body says the commission indicated that the measures were unlikely to raise competition concerns, provided appropriate safeguards remained in place.
"The challenges associated with SIM card registration require a coordinated response involving government, industry and law enforcement. We believe the combination of immediate industry-led measures and longer-term legislative reform provides a practical pathway towards strengthening consumer protection, supporting criminal investigations and enhancing the integrity of South Africa's communications ecosystem," says ACT CEO Nomvuyiso Batyi.
Interim safeguards
According to ACT, the enhanced framework introduces stronger identity verification processes, tighter registration controls, improved compliance monitoring, greater oversight of SIM card distribution channels, standardised industry practices and closer cooperation with law enforcement agencies.
Batyi adds: "The agreement provides that all persons and entities involved in the distribution, sale and activation of SIM cards on behalf of participating operators will be required to comply with the enhanced measures without exception across participating operators and distribution channels."
The enhanced measures are expected to serve as interim safeguards while government considers legislative amendments through the normal legislative process.
While the proposals are intended to strengthen consumer protection and make it more difficult for criminals to obtain anonymously registered SIM cards, ACT emphasises that the legislative recommendations should be viewed as a living document intended to support continued engagement between industry and policymakers.
The proposed reforms are likely to draw close attention from privacy advocates, legal experts and consumer organisations, particularly if future amendments introduce stricter identity verification requirements, or expand compliance obligations for operators and retailers.
Any newly-introduced rules or legislative amendments to RICA would need to follow Parliament's legislative process before becoming law.
The ACT announcement signals a shift from simple SIM registration towards identity assurance.
Since RICA was introduced in 2011, operators have largely been required to record a customer's identity and proof of address. However, criminals have increasingly circumvented these requirements through fake identity documents, corrupt retailers, stolen identities and bulk SIM registrations.
Currently, law enforcement authorities and investigators often discover that numbers linked to crimes are registered using false identities or incomplete information.
Better verification should improve traceability, although it will not eliminate criminal abuse entirely, particularly where phones or identities are stolen.
In a 2023 letter to the Portfolio Committee on Justice and Correctional Services, from law firm Baker & McKenzie, on behalf of Premium Ideas South Africa, the lawyers stated that pre-registered SIM cards cause “the obvious and direct risk of increased criminal, money-laundering and terrorist activity, and the concomitant impact on law enforcement's ability to combat these crimes”.
According to ICT commentator Adrian Schofield, pre-registered SIM cards fundamentally undermine law enforcement. “When police can't trace communications back to criminals, the legal provisions for court-ordered interception become pointless. They simply can't do their jobs.”
If the proposals are implemented, consumers could face stricter identity verification when purchasing or replacing SIM cards, he asserts.
Telcos may require more robust validation of identity documents, potentially using biometric verification or real-time checks against government databases where legally permissible.
This is expected to make it more difficult for criminals to register SIM cards using stolen identities, reducing certain types of financial crimes such as banking scams, SIM-swap fraud and impersonation.
However, if the proposed rules are introduced, legitimate customers may experience longer registration times, additional documentation requirements and tighter controls when replacing lost or stolen SIM cards.
Consumers may also raise privacy concerns if more personal information is collected or retained, experts warn.
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