MADLANGA J seizure warrants which, although also obtained without the knowledge of the subject, do come to the notice of the subject, interception directions under RICA are applied for, granted and implemented in complete secrecy. Even if a direction ought not to have been granted, all things being equal, the subject will never know. Of course, there cannot be a challenge to the lawfulness of something the subject of surveillance is not aware of. And it is purely fortuitous that some subjects of surveillance do become aware of their surveillance. In the vast majority of cases they never do. That must surely incentivise or facilitate the abuse which we know does take place. [44] Therefore, an individual whose privacy has been violated in the most intrusive, egregious and unconstitutional manner never becomes aware of this and is thus denied an opportunity to seek legal redress for the violation of her or his right to privacy. In her or his case the right guaranteed by section 38 of the Constitution73 to approach a court to seek appropriate relief for the infringement of the right to privacy is illusory. This, at a stage that is post-surveillance and when no prejudice can be suffered by the state agency responsible for the surveillance. That is overbroad and does not help advance the achievement of the purpose of surveillance. What it does instead is to facilitate the abuse of the process under the cloak of secrecy. (c) real-time or archived communication-related information is being or has been or will probably be provided; (d) a decryption key is being or has been or will probably be disclosed or that decryption assistance is being or has been or will probably be provided; and (e) an interception device is being or has been or will probably be installed.” Section 51 provides that any person who contravenes or fails to comply with section 42(1) is guilty of an offence. 73 Section 38 provides: “Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are— (a) anyone acting in their own interest; (b) anyone acting on behalf of another person who cannot act in their own name; (c) anyone acting as a member of, or in the interest of, a group or class of persons; (d) anyone acting in the public interest; and (e) an association acting in the interest of its members.” 30