The government wants new regulations giving the police access to BlackBerry’s encrypted messenger service, saying this will help fight crime

Deputy Communications Minister Obed Bapela told the Southern Africa Telecommunication Networks and Applications Conference in East London on Monday that the government is considering following Britain’s and Saudi Arabia’s call for decryption of BlackBerry messages "if crimes are committed using the BlackBerry service".

He promised delegates that the government’s intention was not to spy on citizens’ communication on social networks.

His proposed legislation would be used only once a crime had been committed — and then permission would be sought from a magistrate.

Justice spokesman Tlali Tlali told SABC radio news on Tuesday morning that the “interception of communication... is regarded as a  technique of last resort”.

Bapela's statement follows recent calls by MPs in the United Kingdom for a BlackBerry Messenger block following the London riots, which then spread to other cities. The police accessed BlackBerry messages to thwart planned riots.

But Business Day reports that Bapela’s comments have puzzled technology experts, who questioned the need for new laws.

It said that the Regulation of Interception of  Communication Act (Rica) would already include the tracking of BBM being permitted if crimes were committed.

Under the Rica process, this year millions of South Africans registered their SIM cards in the face of a threat of disconnection. Once registered, SIM cards can be tracked and traced. This is meant to trace people who use phones to commit crimes.

Bapela said he had yet to engage with BlackBerry maker Research in Motion (RIM), but he was hopeful they would find a solution, given the seriousness of crime in SA.

RIM’s co-operation would be needed for decryption. RIM has shown itself willing to co-operate in other countries where governments have raised concerns about BBM, such as the United Arab Emirates.