MADLANGA J (notification issue). The High Court agreed with them on this notification issue. In the interim, it read-in provisions that create a post-surveillance notification regime.29 [17] Second, the applicants argued that RICA is unconstitutional to the extent that it fails to ensure the independence of the designated Judge, and lacks any form of adversarial process or other mechanism to ensure that the intended subject of surveillance is protected in the ex parte application process.30 These concerns will be referred to as the “independence issue” and the “ex parte issue”, respectively. In relation to the independence issue, the High Court held that the selection of a designated Judge by the Minister of Justice alone, through a secretive process and for a potentially indefinite term (through renewals of term), compromises the perceived and actual independence of a designated Judge. It declared RICA unconstitutional to this extent. It granted interim relief by reading-in provisions to the effect that candidates for appointment must be nominated by the Chief Justice, and then appointed by the Minister of Justice for a non-renewable term.31 In relation to the ex parte issue, the High Court agreed that RICA is constitutionally deficient to the extent that it lacks appropriate safeguards to deal with the fact that the orders are granted ex parte. It did not grant interim relief in this respect.32 [18] Third, the applicants argued that RICA is unconstitutional to the extent that it lacks adequate safeguards regarding the archiving of data and accessibility of communications. In particular, they challenged: (i) the three to five-year period for mandatory retention of communication-related information by electronic communications service providers; and (ii) the procedures to be used in examining, copying, sharing, sorting through, using, destroying or storing the surveillance data (management of information issue). The High Court dismissed the challenge 29 Id at order 1. 30 An application is ex parte if made without notifying or serving it on any other party. 31 Id at order 2. 32 Id at order 3. 17