- Ronald Lamola has granted an exemption needed by the SAPS to purchase spy gear.
- The list of equipment includes ISMI-catchers, keyloggers and spy cameras.
- While the use of this equipment is meant to be strictly overseen, it remains to be seen how law enforcement uses the incredibly pervasive equipment.
South Africans may want to be more aware of their communications going forward following an exemption published by Minister of Justice and Correctional Services, Ronald Lamola. The exemption gives the South African Police Service (SAPS) permission to purchase and use equipment including international mobile subscriber identity (ISMI) -catchers, keyloggers and more.
An ISMI-catcher is more colloquially known as a Stingray and it can be used to grab the identity of a mobile phone and how it is being used. The Electronic Frontier Foundation (EFF) explains that ISMI-catchers belong to a broader category of devices known as Cell Site Simulators.
The cliff notes of this long explainer penned by the EFF (which we highly recommend you read for a better understanding of the tech) are that IMSI-catchers can be used to conduct all kinds of surveillance.
And this is where this exemption from Lamola caught our eye because SAPS isn’t just getting permission to buy IMSI-catchers and the associated software, it’s getting permission to buy a ton of spy gear.
The list includes:
- Hardware keystroke recorders,
- Night vision and thermal imaging apparatus,
- Wiretaps,
- Electronic amplified microphones,
- Laser interception devices for intercepting communications within 700m,
- Miniature radio frequency transmitters that can be used to intercept communications,
- Miniature video/audio camera that can transmit video and audio,
- Miniature cameras that can transmit photos,
- Transmitters that can be used to monitor the location of a person or object.
That sure is a lot of equipment.
While SAPS will have access to this equipment, it’s use will need to be strictly overseen by the National Commissioner of the South African Police Service and the National Head of the Directorate for Priority Crime. There are also guidelines regarding the use of the equipment above and how that usage is reported to the powers that be.
ISMI-catchers aren’t a new addition to the SAPS’ toolkit nor the toolkits of ne’er-do-wells.
In 2015 Willie Lotter and Joseph Pooe, were arrested for the alleged illegal possession of an IMSI-catcher. The pair allegedly used the device to bug members of the Airports Company of South Africa’s bid adjudication committee. We highly recommend reading amaBhungane’s investigation into the matter here.
The exemption issued by Lamola is rather important as without it, purchasing any of the equipment listed above is unlawful. This is proving to be a headache for Police Minister Bheki Cele who may have been involved in the R112 million purchase of IMSI-catchers, surveillance drones and more.
“While the equipment was delivered in early 2020, an Inspector-General of Intelligence report declared the purchase a fruitless and wasteful expenditure because it could not be used and was gathering dust in a warehouse,” MyBroadband reported.
While we now know that SAPS has the permission to buy and to use this equipment, whether it uses it responsibly and not for mass surveillance or even targeted surveillance of journalists and whistleblowers, remains to be seen.
In the past, Promotion to Access to Information Act requests asking to see evidence of warrants permitting surveillance have been denied so that doesn’t bode well.
