Case Explained: South Africa’s strategic assault on organised crime – Legal Perspective

The South African government is taking action to address critical weaknesses in SIM card registration, vowing to strengthen enforcement of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) and introducing measures to combat organised crime enabled by improperly registered phone numbers.

The commitment follows an urgent, high-level meeting convened on Thursday by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, under the mandate of the Justice, Crime Prevention and Security (JCPS) Cluster.

The gathering brought together JCPS ministers, directors-general, CEOs of major telecommunications companies, and regulators to confront what is being described as a significant national security threat.

Kubayi confirmed a clear intent to strengthen enforcement of existing legal provisions, with a major crackdown slated to begin on July 1, 2026.

This push will be supported by a dedicated and coordinated approach involving the South African Police Service (SAPS) and the National Prosecuting Authority (NPA).

“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,” the SAPS noted in a detailed presentation.

The police highlighted that weaknesses in registration have, in some instances, limited law enforcement’s ability to effectively trace suspects and utilise lawful interception measures.

In addition, industry engagements, led by the Office for Interception Centres, and ICASA/department engagement with licensees on regulatory matters are both expected to commence within the next six weeks to implement system improvements and provide feedback.

The meeting acknowledged that despite RICA’s penalties, which include up to R5 million in fines or 10 years’ imprisonment for non-compliance, a substantial number of SIM cards remain either unregistered or inaccurately registered.

Furthermore, gaps in Section 40 of RICA and weaknesses in distribution practices have enabled bulk registrations using inaccurate information, according to the Department of Justice and Constitutional Development.

A key proposal on the table is the immediate strengthening of identity verification processes, particularly for SIM cards issued to foreign nationals.

Minister of Home Affairs, Leon Schreiber, confirmed that his department could leverage existing capabilities to support real-time identity verification.

“We have already successfully applied robust verification in the banking sector, and those same capabilities can and must be used to secure SIM card registration,” Schreiber stated.

He said the Digital Identity framework is a crucial tool in “our efforts to enhance identity management and ensure the traceability of SIM card ownership”.

Minister in the Presidency Khumbudzo Ntshavheni stressed the necessity for cooperation from the private sector.

Ntshavheni urged for reinforced compliance with Section 40 of RICA.

“We encourage continued collaboration with telecommunications operators to ensure accurate record-keeping and swift alignment between registered and active SIM cards.”

While the immediate focus is on enforcement, the government is also preparing for legislative reform.

The Department of Justice and Constitutional Development has set a timeframe to finalise a draft legislative proposal for stakeholder engagement by June 2026.

This review aims to ensure RICA keeps pace with evolving criminal trends and technological advancements, such as the emergence of eSIM technologies.

Industry representatives have voiced their approval of the government’s thorough strategy. They indicated their agreement with the national security objectives and affirmed their dedication to collaboratively and constructively tackling the challenges that have been identified.

During the meeting, Minister Kubayi underscored the high-stakes nature of the task.

“Addressing organised crime remains a key priority of the JCPS Cluster,” she said, confirming the work will directly support South Africa’s preparations for upcoming international evaluations on combating financial crime and terrorism financing scheduled for October 2026.

She added that sustainable progress will require coordinated efforts between government and industry.

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