MADLANGA J
prescribing procedures to be followed for examining, copying,
sharing, sorting through, using, storing or destroying the data; and
(e)
provide adequate safeguards where the subject of surveillance is a
practising lawyer or journalist.
7.
The declaration of unconstitutionality in paragraph 6 takes effect from the
date of this judgment and is suspended for 36 months to afford Parliament
an opportunity to cure the defect causing the invalidity.
8.
During the period of suspension referred to in paragraph 7, RICA shall be
deemed to include the following additional sections:
“Section 23A Disclosure that the person in respect of whom a
direction, extension of a direction or entry warrant is sought is a
journalist or practising lawyer
(1)
Where the person in respect of whom a direction, extension
of a direction or entry warrant is sought in terms of
sections 16, 17, 18, 20, 21, 22 or 23, whichever is
applicable, is a journalist or practising lawyer, the
application must disclose to the designated Judge the fact
that the intended subject of the direction, extension of a
direction or entry warrant is a journalist or practising
lawyer.
(2)
The designated Judge must grant the direction, extension of
a direction or entry warrant referred to in subsection (1)
only if satisfied that it is necessary to do so, notwithstanding
the fact that the subject is a journalist or practising lawyer.
(3)
If the designated Judge issues the direction, extension of a
direction or entry warrant, she or he may do so subject to
such conditions as may be necessary, in the case of a
journalist, to protect the confidentiality of her or his
sources, or, in the case of a practising lawyer, to protect the
legal professional privilege enjoyed by her or his clients.”
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