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the old legislation, which mainly revolved around the interception of postal articles and fixed line communications, outdated.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

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