MADLANGA J [4] The second question before us is whether there is a legal basis for the state to conduct bulk surveillance.13 The High Court held that the state’s practice of bulk interception of communications is not authorised by law. This question arises as a result of an appeal by the Minister of State Security against this holding. A subsidiary issue is whether the appeal is properly before this Court. Order No 5: It is declared that: (1) Sections 16(5), 17(4), 19(4), 21(4)(a), and 22(4)(b) of RICA are inconsistent with the Constitution and accordingly invalid to the extent that they fail to address expressly the circumstances where a subject of surveillance is either a practising lawyer or a journalist. (2) The declaration of invalidity is suspended for two years to allow Parliament to cure the defects. (3) Pending the enactment of legislation to cure the defect, RICA shall be deemed to include an additional section 16A, which provides as follows: ‘16A Where an order in terms of sections 16(5), 17(4), 19(4), 21(4)(a), 22(4)(b) is sought against a subject who is a journalist or practising legal practitioner: (a) The application for the order concerned must disclose and draw to the designated Judge's attention that the subject is a journalist or practising legal practitioner; (b) The designated Judge shall only grant the order sought if satisfied that the order is necessary and appropriate, notwithstanding the fact that the subject is a journalist or practising legal practitioner; and (c) If the designated Judge grants the order sought, the designated Judge may include such further limitations or conditions and he or she considers necessary in view of the fact that the subject is a journalist or practising legal practitioner.’ Order No 6: It is declared that the bulk surveillance activities and foreign signals interception undertaken by the National Communications Centre are unlawful and invalid.” 13 The High Court accepted the following explanation around bulk surveillance, which was provided by the respondents: “‘Bulk surveillance is an internationally accepted method of strategically monitoring transnational signals, in order to screen them for certain cue words or key phrases. The national security objective is to ensure that the State is secured against transnational threats. It is basically done through the tapping and recording of transnational signals, including, in some cases, undersea fibre optic cables.’ ‘[I]ntelligence obtained from the interception of electromagnetic, acoustic and other signals, including the equipment that produces such signals. It also includes any communication that emanates from outside the borders of [South Africa] and passes through or ends in [South Africa].’” 10