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South Africa’s Constitutional Court has confirmed that the Regulating Interception of Communications and Provision of Communications Related Information Act (RICA) is unconstitutional.
In a ruling delivered Thursday morning (February 3), the court said the legislation is unconstitutional because it does not provide adequate safeguards to ‘protect the right to privacy, backed by the rights to freedom of expression and the media. of communication, access to the courts and a fair trial ”.
The ruling comes after journalist Sam Sole, who has been the subject of state surveillance, and the Amabhungane Center for Investigative Journalism applied to challenge the constitutionality of the law.
Along with a number of other points, the plaintiffs argued that the RCIA failed to provide adequate protection or resources for individuals who were subject to government surveillance.
In its majority ruling, the court determined that the interception and surveillance of the communications of individuals under RCIA is a highly invasive violation of privacy and therefore violates section 14 of the Constitution.
While the court recognized the importance of state surveillance in crime prevention, it questioned whether there were sufficient safeguards to justify this intrusion. He highlighted the right to privacy, which is linked to the right to dignity.
Other problems identified with RICA include:
- RCIA does not provide for notification of a surveillance subject after the fact;
- The lack of procedures on what to do with confidential information and how it should be managed;
- Legal professionals have specific privilege rights when dealing with clients who are affected by RCIA.
- The power of the executive to appoint a judge to approve the RCIA process.
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