JAFTA J
is that following an interception, the officers are required to submit to the designated
Judge certain documents pertaining to the interception, for record-keeping. In the
absence of the designated Judge, the officers’ superiors may keep the records. This
would reduce the lacuna emanating from the declaration of invalidity.
[199] For these reasons and in addition to paragraphs 1 to 4 of the order proposed in
the first judgment, I would simply declare the impugned provisions invalid. I would
grant no additional remedies.
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