MADLANGA J
[5]
The applicants, AmaBhungane Centre for Investigative Journalism NPC, and its
managing partner, Mr Stephen Patrick Sole, a journalist, seek confirmation of the
High Court’s declaration of invalidity.
They support the High Court’s interim
reading-in. The Minister of Police partially appeals the judgment and orders of the High
Court. More on that later. In the event that the appeal is not upheld, the Minister
opposes the confirmation of one part of the order of the High Court. That is the part
relating to post-surveillance notification. The Minister of State Security appeals the
whole judgment and order of the High Court. The Minister of Justice does not appeal
the High Court’s declaration of invalidity, nor does he oppose the application for
confirmation. His submissions seek merely to assist this Court. Even though two are
appellants, for convenience I collectively refer to the Ministers as the respondents. The
remaining respondents14 have not participated in the proceedings in this Court.
Overview of the legislative framework
[6]
RICA is the result of an overhaul of the Interception and Monitoring Prohibition
Act.15 Its adoption was informed by considerable technological developments in
electronic
communications,
including
cellular
communications,
satellite
communications and computer communications. These rendered the old legislation,
which mainly revolved around the interception of postal articles and fixed line
communications, outdated.
[7]
Focusing on some of the provisions of RICA that are of relevance to this matter,
section 2 provides that all forms of interception and monitoring of communications are
prohibited unless they take place under one of the recognised exceptions. RICA
regulates the interception of both direct and indirect communications, which are defined
14
These are the Minister of Communications, the Minister of Defence and Military Veterans, the Office of the
Inspector-General of Intelligence, the Office for Interception Centres, the National Communications Centre, the
Joint Standing Committee on Intelligence, the State Security Agency and the Minister of Telecommunications
and Postal Services.
15
127 of 1992.
11