MADLANGA J [53] To the extent that automatic review would add to the volume of the designated Judge’s work, Parliament is best placed to assess whether the answer would lie in an increase in the number of designated Judges. And the number could be stipulated by Parliament itself or that could be left for the determination of the Minister from time to time. Provision could even be made for the designated Judge initially to enquire from the person concerned if they opt for automatic review or – if so minded – for challenging the surveillance in court. [54] Two things are worth noting. First, what is said here about automatic review is not meant to serve as precedent for automatic review in all areas where infringements of rights by the state occur. Second and linked to the first point, this is but a possible safeguard that Parliament may consider. It is not obligatory that it be adopted. What is obligatory is for Parliament to put in place a communication surveillance system that sufficiently safeguards against infringements of the privacy right. If – upon evaluation – a new system does serve this purpose even though it does not provide for automatic review, that will pass muster. Initially it lies with Parliament to craft that system. But, of course, it is the judicial system that is the final arbiter on whether the system is constitutionally compliant. Independence issue and designated Judge [55] At the beginning of oral argument, counsel for the applicants was asked to clarify if the independence issue was a standalone challenge or was a facet of the Bill of Rights challenge under section 14, i.e. the privacy challenge. Counsel clarified that the independence issue was a facet of the privacy challenge and that the point being made was that the mooted lack of independence detracted from the sufficiency of safeguards for purposes of the section 36(1) justification exercise. It is on that basis that I deal with the independence issue. [56] As shown above, RICA’s framework for surveillance has as its centrepiece a “designated Judge” who authorises surveillance both in real time and of archived communications. Safeguards on the appointment, term, and function of a designated 35