Sim Registrations - Will your sim be subject to deregistration?  Go Back
Author: Pamela Bubb, head of the Commercial Practice and Brendan Miller   Date: 05 May 2022

1. The Communications (Subscriber Identity Module Registration) Regulations, 2021 (the “Regulations”) which repealed and replaced the controversial Communications (Subscriber Identity Module and Mobile Device Registration) Regulations, 2021, places an obligation on both a Subscriber and Licensee to ensure that a subscriber identity module (“SIM”) is registered in accordance with the Regulations.
    
2. The Regulations will be operational as of the 25^th of June 2022.
    
3. A Subscriber under the Regulations refers to a customer or a person subscribing to a mobile telecommunications service by purchasing a SIM or entering into a contract with a Licensee (“Subscriber”).
    
4. A Licensee on the other hand is an entity licensed by the Lesotho Communications Authority (the “Authority”) to provide communications services (“Licensee”).
    
5. The Regulations place an obligation on a Licensee to register a Subscriber’s information at no cost to the Subscriber. The Licensee must capture, register and retain the:

• personal information of a Subscriber who is an individual; or
• personal information of the entity’s authorised representative, which should be supplied to the Licensee at registration, along with the name, address and registration number where the Subscriber is an institution, corporate or other juristic person.
   

6. The Regulations also require a Subscriber to register their personal information with a Licensee and notify the Licensee of any changes to the usage or user of the SIM.
    
7. The Regulations provide that personal information refers to the full names, gender, date of birth, nationality, and identity number as well as any other personal information of Subscribers specified in the registration specifications.
    
8. A Licensee is only able to provide a Subscriber with limited access to the Licensee’s network prior to their SIM becoming registered. Existing Subscribers are also required to register their SIMs. SIMs which are not registered by 25 June 2023 are to be deregistered by the Licensee.
    
9. A SIM can, however, be reactivated once the Subscriber registers their personal information with the Licensee.

Penalties:

10. A Licensee who fails to:

• capture, register, deregister, deactivate or keep the details of a Subscriber is liable to on conviction to a penalty of M5 000 for each SIM; and
• comply with the data protection provisions of the Regulations are liable on conviction to a penalty of M100 000.

If you are a Licensee or Subscriber and would like further information or advice contact the Webber Newdigate Commercial Department, here.