MADLANGA J and execute warrants is exercised within the confines of the authorising legislation and the Constitution.”58 (Emphasis added.) [33] This statement of the law is about safeguards on the exercise of the power of search and seizure in accordance with the Constitution and empowering legislation. At issue here is whether RICA itself does have safeguards that help ensure that the interception of communications and surveillance generally are within constitutionally compliant limits. Put differently, are there safeguards that acceptably minimise the trampling of the privacy right? Let me reiterate what this Court said in a different context in Mistry: “The existence of safeguards to regulate the way in which state officials may enter the private domains of ordinary citizens is one of the features that distinguish a constitutional democracy from a police state.”59 [34] Subject to RICA, no interceptions of private communications may be effected.60 Chapter 9 of RICA criminalises interceptions that are at variance with its provisions. RICA provides for the interception of communications in certain instances. Most pertinently, state agents61 may apply to a designated Judge for authorisation to intercept 58 Minister of Safety and Security v Van Der Merwe [2011] ZACC 19; 2011 (5) SA 61 (CC); 2011 (9) BCLR 961 (CC) at paras 35-6. 59 Mistry above n 44 at para 25. 60 Section 2 of RICA. 61 For purposes of an application for an interception direction under section 16 of RICA, an applicant includes the following persons: “(a) an officer referred to in section 33 of the South African Police Service Act, if the officer concerned obtained in writing the approval in advance of another officer in the Police Service with at least the rank of assistant commissioner and who has been authorised in writing by the National Commissioner to grant such approval; (b) an officer as defined in section 1 of the Defence Act, if the officer concerned obtained in writing the approval in advance of another officer in the Defence Force with at least the rank of major-general and who has been authorised in writing by the Chief of the Defence Force to grant such approval; (c) a member as defined in section 1 of the Intelligence Services Act, if the member concerned obtained in writing the approval in advance of another member of the Agency, holding a post of at least general manager; 25