Issued by Shanees Nkandu on behalf of the FW de Klerk Foundation:
In a significant development concerning South Africa’s surveillance legislation, President Cyril Ramaphosa has sent the Regulation of Interception of Communications and Provision of Communication-Related Information Act Amendment Bill (the “Bill”) back to the National Assembly. Citing potential constitutional challenges, the President expressed reservations about specific provisions within the Bill that may infringe upon constitutional rights and the lack of adequate oversight mechanisms.
Background: The RICA Amendment Bill
The Bill was introduced to address constitutional deficiencies in the original Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (“RICA”). These legislative changes were prompted by the 2021 Constitutional Court ruling in Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others. The Court found that RICA failed to provide sufficient safeguards for the right to privacy (section 14 of the Constitution). This was especially true for the surveillance of journalists and lawyers (see paragraphs 115 through 119 of the Court’s judgment). The Court granted Parliament a 36-month period, which came to an end on 4 February 2024, to fix RICA’s constitutional defects (see paragraphs 140 and 157 of the Court’s judgment).
Presidential Concerns
Parliament adopted the Bill on 6 December 2023 to fix RICA’s defects. It then sent it to the President to be assented to (i.e. signed into law). Upon reviewing the Bill, however, President Ramaphosa identified several areas of concern:
- Lack of Post-Surveillance Notification: Clause 25A(2)(b) of the Bill allows for decisions to postpone notifying a surveillance subject indefinitely. It also does not provide a process to review such decisions. This may result in surveillance…
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Edna Molewa: {2010 – 2014} Molewa was the Minister of Water and Environmental Affairs, focusing
on water management and environmental protection. She was instrumental in developing policies to address water scarcity and promote sustainable resource management.
Marigold Loot
Braai – a barbecue [brr-rye] Also known as a barbecue where steak, lamb chops and of course ‘boerewors’ is cooked on a grid over wood and flames. Add some salads, rolls and ‘melktert’ for dessert and you are set for a traditional South African braai.
phoenix sparrow
Fun South African Fact: It’s believed that Cape Town’s iconic Table Mountain is one of the oldest mountains in the world. Table mountain is approximately 260 million years old; it’s also home to thousands of species of plant life, including species unique to the Cape Floral Region. The glorious mountain is one of the world’s 7 New Natural Wonders. It is also apparently one of 12 main energy centres on the planet emitting spiritual, magnetic, and electric energies. It’s an idyllic and very popular hiking destination with hundreds of routes to explore.