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

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