Coram:
Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J,
Mathopo AJ, Mhlantla J, Theron J, Tshiqi J and Victor AJ
Judgments:
Madlanga J (majority): [1] to [157]
Jafta J (dissenting): [158] to [199]
Heard on:
25 February 2020
Decided on:
4 February 2021
ORDER
On application for confirmation of the order of the High Court of South Africa, Gauteng
Division, Pretoria:
1.
The appeal by the Minister of State Security is dismissed with costs,
including the costs of two counsel.
2.
The appeal by the Minister of Police is dismissed with costs, including
the costs of two counsel.
3.
The appeal by the applicants against the costs order granted by the High
Court, Gauteng Division, Pretoria (High Court) is upheld with costs,
including the costs of two counsel.
4.
The High Court’s order referred to in paragraph 3 is set aside.
5.
The Minister of Justice and Correctional Services, the Minister of State
Security, the Minister of Defence and Military Veterans, the Minister of
Police, the Office for Interception Centres, the National Communications
Centre and the State Security Agency must pay the applicants’ costs of
the application before the High Court, such costs to include the costs of
two counsel.
6.
The declaration of unconstitutionality by the High Court is confirmed
only to the extent that the Regulation of Interception of Communications