The communications Regulatory Authority of Namibia (Cran) officially launched the National Sim Registration Consumer Awareness Campaign on Tuesday, 07 June 2022. The campaign aims to educate the public on the importance of Sim Cards in Namibia.
The Registration process will be carried out in terms of Regulations and License Conditions made pursuant to Part 6 of Chapter v of the Communications Act (No.8 of 2009). From January 2023, registration of all Sim cards will be mandatory.
The National Sim Registration Consumer Awareness campaign seeks to address the following questions.
What prompted the move to SIM card registration?
On 15 March 2021, the Minister of Information and Communication Technology in terms of Part 6 of the Communications Act of 2009 published Regulations, which authorised the Communications Regulatory Authority of Namibia (CRAN) to impose additional conditions on mobile service providers to enable the registration of SIM cards in Namibia. These conditions were imposed by CRAN on 28 April 2022. The new conditions and Regulations were drafted in consultation with all relevant stakeholders to ensure the successful implementation of part 6 of the Communications Act of 2009, which has been in existence for more than 10 years.
What is done to ensure that SIM card registration does not lead to spying?
The Communications Act of 2009 and its new Regulations regarding SIM card registration are not about interception – or so-called ‘spying’ – and do not authorise or introduce interception. Instead, lawful interception is provided for in the Criminal Procedure Act of 1977 and the Namibia Central Intelligence Service Act of 1997. Therefore, interception has been taking place in Namibia for many years, as guided by these laws. SIM registration requires customers to register a SIM card in their name to access cellphone services and other related products. It is also an important tool for preventing phone-based fraud, identity theft and other criminal activity. This is not the same thing as ‘spying’ or ‘government surveillance.’ Law enforcement agencies can only access a customer’s call data if a crime has been reported and a warrant has been issued by a judge.
How does SIM card registration impact free speech and privacy in Namibia?
SIM card registration does not negatively impact the free speech or privacy of Namibians. It does not give mobile service providers or the government the power to ‘spy’ on cellphone users or intercept communications without reasonable cause. Communication can only be intercepted when a crime is reported and a warrant is issued by a judge, as authorised in the Criminal Procedure Act of 1977 and the Namibia Central Intelligence Service Act of 1997. In other words, this interception does not fall under the new Regulations of the Communications Act of 2009 and is not carried out by the mobile service providers. It is also important to remember that the Namibian Constitution permits limitations on constitutional freedoms, including the freedom of speech and the right to privacy, if national security and public safety are threatened, for example when a crime is committed. Even in such instances, there are laws that prescribe what law enforcement can and cannot do to protect Namibians against any unlawful infringement of their rights.
What information is required for SIM card registration?
The name of the customer, his/her address of ordinary residence, and his/her Namibian ID, passport or any other official identity document issued by the government of any other country are required for SIM card registration.
What is the process for the registration of SIM cards for individuals who reside in informal settlements and do not have a physical address?
Where a person resides in an informal settlement and cannot provide an address, the mobile service provider may accept any other address, including that of a school, church or retail store, where a person usually receives his/her post, for the purposes of SIM card registration.