JAFTA J designate cannot be cured unless a new section is added to RICA. As a result, a reading-in is not appropriate. [196] It bears emphasis that here a declaration of invalidity sufficiently protects individual rights to privacy. Without the authorisation by a designated Judge, there can be no interception of communication under RICA unless conditions prescribed by that Act elsewhere are met. Consequently, there is no need for an interim remedy aimed at protecting the rights of individuals. [197] The only issue of concern is that the declaration of invalidity would leave law enforcement officers without a legal tool to combat and investigate crimes. They will not be able to use authorised interceptions of communications. But the difficulty in this matter is that the lacuna does not flow from the declaration of invalidity. Instead, it arises from Parliament’s failure to empower the Minister to designate a Judge. As a result, the hands of this Court are tied. It cannot competently close the gap in RICA. [198] However, the law enforcement officers may still intercept communications under Chapter 2 of RICA. They may do so under section 5 of RICA if one of the parties to a communication consents to the interception.205 The officers may also intercept communications without consent or a direction from a designated Judge. This may be done in circumstances described in both sections 7 and 8 of RICA. The only challenge 205 Section 5(2) of RICA provides: “(2) Any law enforcement officer may intercept any communication if –– (a) one of the parties to the communication has given prior consent in writing to such interception; (b) he or she is satisfied that there are reasonable grounds to believe that the party who has given consent as contemplated in paragraph (a) will –– (c) (i) participate in a direct communication or that a direct communication will be directed to him or her; or (ii) send or receive an indirect communication; and the interception of such direct or indirect communication is necessary on a ground referred to in section 16 (5)(a), unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.” 95