MADLANGA J notification in that subsection be withheld for a period which shall not exceed 90 days at a time or two years in aggregate. 9. The Minister of Police and the Minister of State Security must pay the applicants’ costs in this Court, including the costs of two counsel. JUDGMENT MADLANGA J (Khampepe J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, Tshiqi J and Victor AJ concurring): Introduction [1] The Constitution proclaims that “[n]ational security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life”.1 It does so against a historical backdrop in which the pursuit of a skewed notion of national security was weaponised and calculated to subvert the dignity of the majority of South Africans.2 As part of this pursuit, law enforcement involved searches of people, their homes, and their belongings. Over the years, law enforcement evolved to include the surveillance of people, their homes, their movements, and their communications.3 Today technology 1 Section 198(a) of the Constitution. 2 Skewed because it was securing South Africa to prop up the apartheid government and thus guarantee white privilege and all that that government stood for. I use “surveillance” not to relate only to the interception by state functionaries in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 of real-time communications of individuals (whether made face to face or “indirectly”, i.e. in the sense that the people communicating were not in each other’s presence), but to also include all access by these functionaries in terms of RICA to material related to communications. By the latter I am referring to, for example, information about the location at which a call was (or is being) made or a text was (or is being) sent or received and by what devices; if the communication-related information is more than 90 days old, it is called “archived communication-related information” (see the definition in section 1) and if it concerns communications that are 3 6