PRESS STATEMENT ON ACTIVATION, SELLING AND BUYING OF PRE-REGISTERED SUBSCRIBER IDENTIFICATION MODULE (SIM) CARDS

The Zambia Information and Communications Technology Authority (ZICTA) in collaboration with the Zambia Police Service has been conducting inspections throughout the country on mobile service providers, their distributors, dealers and agents following reports from members of the public that there is rampant sale of  pre-registered SIM cards  across the country.

 Inspections undertaken so far suggest that pre-registered SIM cards are being sold in Lusaka, Copperbelt, Southern, Central, Luapula, North-Western and Eastern Provinces as per table below:

PROVINCE

Place/Area

 

Eastern

Petauke, Nyimba, Chipata, Lundazi, Sinda

 

 

Luapula

Kazembe,Chienge, Mansa

 

 

Copperbelt

Ndola (Masala market, Chifubu,Lubuto)

Kitwe, Luanshya, Mufulira

 

 

Central

Kabwe, Kapiri Mposhi

 

 

Lusaka

Palabana, Luangwa, Chirundu, Nampundwe,

City Market,  Inter-city bus Terminus, Matero, Kalingalinga, Mutendere, Kanyama, Chilanga

 

 

Southern Province

Gwembe, Monze, Kazungula, Chikuni, Zimba, Chirundu, Choma, Livingstone

 

 

North-Western Province

Solwezi

 

Members of the public are hereby reminded that Statutory Instrument Number 65 of 2011 the Information and Communications Technologies (Registration of Electronic Communications Apparatus) Regulations, places obligations on service providers, sellers and buyers of SIM cards to register the SIM cards and to ensure that anyone buying a SIM card should have it registered before activation.

 

Consequently, it is an offence to activate, sell or buy a SIM card that is pre-registered.

Both service providers on one hand and buyers on the other, have obligations as follows:

A.       Obligations of the Buyer

It is the obligation of the buyer (consumer) to follow the Law when    registering their SIM cards

Regulation 11(2) states that a person who after these regulations, acquires an electronic communication apparatus which uses a SIM card shall register with the electronic communications network or service provider

B.       Obligations of the Seller

Sellers of SIM cards are advised to strictly adhere to the law to avoid prosecution

Regulation 13(1) provides that a seller shall, on the sale of a SIM card, shall ensure that the purchaser completes and submits to the seller, Form I (SIM card registration form)

 

Regulation 13(3) provides that A seller who provides a SIM card to any person without collection of the information required under sub-regulation (1), or who fails to remit the information to the electronic communication service provider in accordance with sub regulation (2) commits an offence and is liable upon conviction:

 

(a)      TO A FINE NOT EXCEEDING TWO THOUSAND FIVE HUNDRED PENALTY UNITS; AND

(b)      TO A FINE NOT EXCEEDING TWO THOUSAND FIVE HUNDRED PENALTY UNITS IN RESPECT OF EACH SIM CARD SOLD

C.       Obligations of the Mobile Service Providers

Mobile Service providers are advised at all costs to fully comply with the   Law relating to SI 65 of 2011

Regulation 14(1) provides that an electronic communications provider shall not provide, sell, register or activate a SIM card in respect of which a person does not provide the valid identification documents required under these regulations

 

Regulation 14(2) provides that a person who contravenes this regulation COMMITS AN OFFENCE AND IS LIABLE, UPON CONVICTION, TO A FINE NOT EXCEEDING TWO THOUSAND FIVE HUNDRED PENALTY UNITS OR TO IMPRISONMENT FOR A PERIOD NOT EXCEEDING TWO YEARS OR BOTH

Against that background, the Authority would like to advise that:

 

1.       Mobile Service Providers shall strictly monitor their employees and agents they have engaged to sell SIM cards on their behalf and ensure that they are compliant at  all times  with the Law

2.       SIM cards shall be confiscated from service providers and their agents and buyers found in breach of the Law and WILL BE PROSECUTED

3.       Third party registration is only supposed to be undertaken by corporate subscribers, parents or guardians. Registration of SIM cards using third party other than for that which is stated above is not allowed. Consumers are reminded that they are accountable for any activities on the SIM cards registered in their names

4.       Members of the public should report anyone selling pre-registered SIM cards to the Authority or the Zambia Police Service.  Those selling SIM cards beyond K5.00 should also be reported as above.

5.       The Public is further advised to check in whose name their SIM card is registered by simply dialing *101#.

6.       If details captured on your SIM card are erroneous or different, contact your respective service provider to change the details.

 

Report anyone selling pre-registered SIM cards to ZICTA by calling Toll free number 7070 which is available on all networks or report to the nearest police station.

 

 

 

Ngabo Nankonde

PUBLIC RELATIONS MANAGER