Dear Judge Hlophe,


POLICY BRIEF

Biometric Verification & Communications Integrity Bill

1. Problem
- Phone-related killings & robberies: Criminals kill to steal phones because SIMs/IMEIs can be reused.
- Fraud & scams: SIM-swap fraud and anonymous scams cost South Africans billions.
- Anonymous communications: Criminals, undocumented migrants, and syndicates exploit fake IDs and loopholes.
- Weak RICA enforcement: SIMs are registered to false or stolen IDs.
- Money laundering: Bank accounts tied to fake or untraceable identities fuel crime and corruption.

2. Solution
- The Biometric Verification & Communications Integrity Bill requires that:
- Every SIM card and bank account must be linked to a biometric ID (fingerprint + face).
- Live biometric authentication must be done for SIM swaps, SIM porting, and bank account access.
- Metadata retention (call logs, tower pings, IMEIs, IP addresses) must be enforced for 24 months, with strict judicial oversight.
- Wi-Fi/ISP operators must retain IP allocation logs and support lawful verification of internet-based calls.
- Device blacklisting ensures stolen phones cannot be reused.
- Compliance with Section 42 of Immigration Act: Businesses (like MNOs/banks) will no longer “assist” illegal foreigners through false registrations.

3. Benefits
- Reduced murders & robberies → Phones lose resale value if locked to original owner’s biometrics.
- Fewer scams → Every SIM is tied to a verified person.
- Stronger AML enforcement → Fraudulent accounts harder to open.
- Law enforcement tool → Traceable digital ecosystem.
- Alignment with Immigration Act → Prevents enabling undocumented persons to bypass laws.

4. Safeguards
- POPIA compliance: Purpose limitation, minimisation, encryption.
- Independent oversight: Information Regulator + new Communications Integrity Board.
- Judicial access only: No blanket surveillance, only lawful requests.
- Sunset review: Parliament reviews crime reduction impact after 3 years.
- Public support: Subsidised rural biometric capture, emergency services unaffected.

5. Risks & Mitigation
- Privacy risks → Mitigated via encryption, oversight, and access logs.
- High cost → Shared cost model with banks/MNOs, state subsidies for rollout.
- Criminal adaptation to OTT apps → Wi-Fi/IP session logging adds traceability.
- Constitutional challenge → Built-in rights protections strengthen defensibility.

6. Next Steps
- Cabinet Approval → Table Bill in Parliament.
- Pilot Programme → Launch in metros within 6 months (Johannesburg, Cape Town, Durban).
- Public Engagement → Awareness campaigns and civil society consultation.
- National Rollout → Full re-registration of all SIMs and bank accounts within 24–36 months.

Bottom Line:
This Bill saves lives, prevents scams, disrupts organised crime, and ensures every person in SA is known and accountable — while protecting privacy through strict safeguards.