MADLANGA J Post-surveillance notification [146] The High Court granted interim relief by reading-in a fairly substantial provision providing for post-surveillance notification. Essentially, the High Court made the giving of post-surveillance notification subject to exceptional circumstances. The Ministers of Police and Justice pointed out what they claimed to be unintended consequences of the provisions read-in by the High Court. These are: their impact on other sections in RICA, which impact may necessitate a further reading-in; their application irrespective of whether an investigation is completed or still ongoing, or the subject is charged for the offences or not; uncertainty as to the manner in which the notification should take place; and the lack of clarity as to what “exceptional circumstances” should be considered for deferral of notification. I do not quite see how – in a situation where a person is no longer under surveillance – post-surveillance notification may affect how RICA operates. This is a discrete addition that affects someone who – so to speak – is out of the surveillance system. How that system gets affected escapes me. [147] The complaint about lack of clarity on exceptional circumstances does not have to arise. In this regard, there is guidance from foreign jurisprudence. In accordance with that jurisprudence, post-surveillance notification must be given as soon as that can be done without jeopardising the purpose of surveillance after surveillance has been terminated.178 I doubt that the relevant law enforcement officers will have any difficulties knowing whether notification after termination of surveillance will jeopardise the purpose of surveillance. After all they are best placed to know that. [148] Of course, it can never be that the reason for the jeopardy will last forever with the result that, in a given case, a law enforcement officer can claim that at no stage will notification ever be given. In any event, what complaint the state may have in relation 178 The Bulgarian case above n 77 at para 79. 76