MADLANGA J
broadly to include oral conversations, email and mobile phone communications
(including data, text and visual images) that are transmitted through a postal service or
telecommunication system.16
[8]
Without a “designated Judge”17 RICA would be substantially inoperable. With
the exception of only one type, at the centre of all surveillance directions issued under
RICA is a designated Judge; she or he must authorise all directions that fall within the
purview of functions of a designated Judge. These directions are provided for in
sections 16 to 18, 21 and 23. Explaining briefly what each of these sections is about,
section 16 provides for “interception directions”.18
These are directions for the
16
Section 1 of RICA.
17
The term “designated Judge” is defined in section 1 of RICA. I deal with the concept later.
18
Section 16(5) of RICA provides:
“(5)
An interception direction may only be issued if the designated Judge concerned is
satisfied, on the facts alleged in the application concerned, that—
(a)
there are reasonable grounds to believe that—
(i)
a serious offence has been or is being or will probably be committed;
(ii)
the gathering of information concerning an actual threat to the public
health or safety, national security or compelling national economic
interests of the Republic is necessary;
(iii)
the gathering of information concerning a potential threat to the
public health or safety or national security of the Republic is
necessary;
(iv)
the making of a request for the provision, or the provision to the
competent authorities of a country or territory outside the Republic,
of any assistance in connection with, or in the form of, the
interception of communications relating to organised crime or any
offence relating to terrorism or the gathering of information relating
to organised crime or terrorism, is in—
(aa) accordance with an international mutual assistance agreement;
or
(bb) the interests of the Republic’s international relations or
obligations; or
(v)
(b)
the gathering of information concerning property which is or could
probably be an instrumentality of a serious offence or is or could
probably be the proceeds of unlawful activities is necessary;
there are reasonable grounds to believe that—
(i)
the interception of particular communications concerning the
relevant ground referred to in paragraph (a) will be obtained by
means of such an interception direction; and
12