MADLANGA J obligations;169 or, lastly, it is necessary to gather information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities.170 So, the dislocation of our surveillance system would have a grave impact on matters that are important to the country and its people. To avert this, we must suspend the declaration of invalidity. [139] The High Court suspended its orders of invalidity for a period of two years to allow Parliament time to cure the various constitutional defects identified. The Minister of Justice requests that this period be increased to three years. He submits that a process to review RICA has already commenced although there is no Bill in place yet, and advises that the Executive requires time to proceed with its investigations and develop suitable remedial legislation. To this end, he argues that three years is not inordinately long when the following factors, amongst others, are taken into account: the technical and complex nature of the legislation; the need for extensive consultation due to the contentious nature of the legislation and the obligations that it will impose on telecommunication service providers; the need for a careful consideration of developments and trends in other countries on the interception of communications; and the fact that the process of consultation and collation of comments received during the Bill drafting stage takes considerable time. The Minister of Justice further submitted that three years will guard against the Executive having to return to this Court to request an extension. [140] This is reasonable. Thus the declaration of invalidity must be suspended for three years. Interim relief [141] The High Court granted interim relief, the effect of which was to make substantial insertions into RICA, to be applicable during the period of suspension. The 169 Section 16(5)(a)(iv). 170 Section 16(5)(a)(v). 73

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