MADLANGA J through bulk surveillance is captured, copied, stored, analysed, or distributed; this unregulated, untargeted surveillance of all information is an extreme violation of the right to privacy; this violation is contrary to comparative and international law; and section 39(2) of the Constitution calls for an interpretation of the NSIA that avoids an extensive violation of the right to privacy and, therefore, does not permit unregulated bulk surveillance. The effect of bulk surveillance, i.e. the interception of virtually all internet traffic without a warrant or suspicion about the people whose communications are intercepted, was not denied by the respondents. [130] In a technologically developing society like ours, it is understandable that the state, through its intelligence services, may wish to use the latest technological means to ensure the safety of its citizens and uphold national security. These measures may involve the monitoring of communications – through these technological means – by citizens with others (whether citizens or not). Without doubt, that monitoring constitutes the exercise of public power. And that power can be exercised only in a constitutionally compliant manner. In this regard, the principle of legality requires that any exercise of public power must have a basis in some law.161 Bulk surveillance must therefore have a legal basis. The question is: is section 2 of the NSIA on which the Minister of State Security relies that legal basis? [131] Section 2 of the NSIA empowers certain state agencies, including the State Security Agency, on which the argument of the Minister of State Security focused, to “gather, correlate, evaluate and analyse” the following types of intelligence: domestic intelligence; crime intelligence; departmental intelligence; foreign intelligence; foreign military intelligence; and domestic military intelligence.162 The section goes on broadly 161 Fedsure above n 84 at para 58 and Pharmaceutical Manufacturers above n 84 at para 20. 162 In full, section 2 of the NSIA provides: “(1) The functions of the Agency shall, subject to section 3, be— (a) to gather, correlate, evaluate and analyse domestic and foreign intelligence (excluding foreign military intelligence), in order to(i) identify any threat or potential threat to national security; 68