MADLANGA J “adequate” or “sufficient” and their derivatives in the context of “safeguards” is not meant to introduce a standard that is higher than the reasonableness and justifiability standard set by section 36(1) of the Constitution. All I mean is: are the safeguards sufficient to meet that reasonableness and justifiability standard? Notification issue [38] We have before us evidence of abuse of the power of surveillance. One example is that of two journalists, Mr Mzilikazi wa Afrika and Mr Stephen Hofstatter, whose phones were tapped by the police’s Crime Intelligence Division while the two were investigating corruption scandals in the South African Police Service. In order to obtain interception directions under RICA, the police told the designated Judge that the phone numbers to be tapped were those of suspected ATM bombers. That, of course, was a lie. The interception direction was granted on the basis of that lie. It authorised the real-time interception of the calls, text messages and metadata of the journalists. These facts have not been disputed by the respondents.65 [39] Regarding the next example, it is immaterial whether actual surveillance had been conducted and – if it was – what the results were. What I am about to narrate manifests the power that state agencies entrusted with the mandate of surveillance wield and the lengths to which they can and do go for purposes best known to them, all facilitated by the fact that they operate in complete secrecy. That is the importance and relevance of this example: the fact of being able to do anything purportedly under RICA. The agencies can obtain interception directions by unlawful means or they may not conduct surveillance at all but produce a negative fictional “intelligence report” about an individual. They can produce this kind of report even where they have conducted surveillance that did not yield the desired results. Now this next example. In 2006 the Inspector-General concluded a report on surveillance that had been conducted by NIA operatives on prominent South African businessman, Mr Sakumzi Macozoma. The 65 Hunter and Smith “Spooked: Surveillance of Journalists in SA” (2018) Right2Know Campaign at 12. 27