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The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, today, Thursday, 26 March 2026, convened an urgent meeting under the mandate of the Justice, Crime Prevention and Security (JCPS) Cluster with stakeholders in the communications sector to address challenges related to SIM card registration within the framework of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA).

The meeting was attended by representatives from government, particularly JCPS Ministers and Directors-General within the Cluster, as well as CEOs of telecommunications companies, regulators, licensees, and other interested stakeholders.

The engagement follows growing concerns that weaknesses in SIM card registration processes are undermining national security efforts and enabling organised criminal activities.

The meeting received detailed presentations from the Department of Justice and Constitutional Development and the South African Police Service (SAPS), which highlighted systemic, operational, and legislative challenges within the current SIM card registration environment.

SAPS noted that the continued circulation of improperly registered SIM cards has been associated with various serious crimes, including banking fraud, cash-in-transit heists, extortion, contract killings, and kidnappings.

Despite the provisions of RICA, a significant number of SIM cards remain either unregistered or registered with incorrect or unverifiable information.

The presentations further indicated that certain gaps in Section 40 of RICA, together with weaknesses in registration and distribution practices, have created opportunities for bulk registrations using inaccurate information.

These challenges have, in some instances, limited the ability of law enforcement agencies to effectively trace suspects and utilise lawful interception measures. In addition, such gaps contribute to risks related to SIM cloning, identity theft, cybercrime, and money laundering.

The Department of Justice and Constitutional Development outlined the existing legal and policy framework, including compliance requirements, offences, and penalties.

While the legislation provides for significant penalties for non-compliance, the meeting noted the importance of strengthening enforcement and ensuring that the regulatory framework keeps pace with technological developments, including the emergence of eSIM technologies.

The Minister of Home Affairs, Leon Schreiber, highlighted the need to strengthen verification processes, particularly in relation to SIM cards issued to foreign nationals.

He noted that existing capabilities within Home Affairs, already successfully applied in the banking sector, could be leveraged to support real-time identity verification.

The Minister further underscored the potential of the Digital Identity framework to enhance identity management and improve the traceability of SIM card ownership.

The Minister in the Presidency, Khumbudzo Ntshavheni, emphasised the importance of reinforcing compliance with Section 40 of RICA. She encouraged continued collaboration with telecommunications operators to ensure accurate record-keeping, alignment between registered and active SIM cards, and the development of clear implementation timelines to address non-compliance.

The importance of strengthening oversight across the value chain, including retailers and distributors, as well as enhancing controls relating to emerging technologies such as eSIMs, was also highlighted.

The meeting noted that RICA, in its current form, would benefit from review and strengthening to respond to evolving criminal trends and technological advancements.

Stakeholders expressed support for a comprehensive and consultative process to ensure that the legislation remains effective, practical, and responsive to current realities.

Among the proposals discussed was the need to undertake an audit of the existing SIM card database to identify and address instances of non-compliance.

There was also broad agreement on the importance of enhanced collaboration between government, law enforcement agencies, and industry stakeholders to improve compliance and close existing gaps.

Industry representatives welcomed the engagement and expressed their alignment with the objectives outlined. They indicated their support for strengthened collaboration and a shared commitment to addressing the identified challenges in a constructive and coordinated manner.

The meeting further agreed that ongoing work in this area would benefit from drawing on international experience, including lessons from jurisdictions that have implemented effective regulatory and operational models. A best practice approach will therefore be pursued to inform local interventions.

Minister Kubayi emphasised that addressing organised crime remains a key priority of the JCPS Cluster, in line with government’s Medium-Term Development Plan (2024–2029), which seeks to promote a safe and secure South Africa through strengthened law enforcement and improved coordination.

The meeting underscored the importance of a collaborative approach, recognising that sustainable progress will require coordinated efforts between government and industry.

Strengthening compliance and regulatory effectiveness will contribute to enhancing public confidence, safeguarding the integrity of the system, and supporting a conducive environment for investment.

In this context, the Minister expressed a clear intention to strengthen enforcement of existing legal provisions.

Given that the law already prescribes penalties of up to R5 million or imprisonment of up to 10 years for non-compliance, the Minister indicated that enforcement in this regard should commence from 1 July 2026, supported by a dedicated and coordinated approach involving SAPS, the National Prosecuting Authority, and other relevant entities.

To this end, the Minister outlined the following indicative timeframes and actions:

The Department of Justice and Constitutional Development will work towards finalising a draft legislative proposal for stakeholder engagement by June 2026.

Industry engagements, facilitated through the Office for Interception Centres, are expected to commence within the next six weeks to support the implementation of system-based improvements.

The Independent Communications Authority of South Africa (ICASA), together with the Department, will engage licensees and provide feedback on regulatory matters within a similar timeframe.

Law enforcement agencies will continue to strengthen enforcement of existing legislation, with a focus on improving compliance.

Minister Kubayi further indicated that progress on these interventions will be incorporated into ongoing Cabinet reporting and will support South Africa’s preparations for upcoming international evaluations on combating financial crime and terrorism financing scheduled for October 2026.

In conclusion, Minister Kubayi expressed appreciation to all stakeholders, including Ministers, heads of institutions, industry leaders, and law enforcement agencies, for their constructive participation and continued commitment to strengthening the country’s response to organised crime.

Issued by Department of Justice and Constitutional Development