MADLANGA J interceptions are meant to achieve. Obviously, pre-interception disclosure would defeat the very purpose of surveillance. What about post-surveillance notification? [42] The Minister of Police, who appeals the High Court’s order on this issue, is arguing for the retention of the blanket non-availability of notification. He contends that the Constitution confers no right to notification; not pre- or post-surveillance. That, of course, is a misconceived approach. The question is whether – for purposes of the proportionality analysis – denying post-surveillance notification is not overbroad. [43] Sections 42(1) and 51 of RICA respectively prohibit and criminalise the disclosure of the fact that an interception direction was issued.72 Unlike search and 72 In full, section 42 reads: “(1) (2) No person may disclose any information which he or she obtained in the exercising of his or her powers or the performance of his or her duties in terms of this Act, except— (a) to any other person who of necessity requires it for the performance of his or her functions in terms of this Act; (b) if he or she is a person who of necessity supplies it in the performance of his or her functions in terms of this Act; (c) information which is required in terms of any law or as evidence in any court of law; or (d) to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act. No— (a) postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the exercising of his or her powers or the performance of his or her duties in terms of this Act; or (b) employee of a postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercising of any power or the performance of any duty in terms of this Act, whether that employee is involved in the exercising of that power or the performance of that duty or not, except for the purposes mentioned in subsection (1). (3) The information contemplated in subsections (1) and (2) includes information relating to the fact that— (a) a direction has been issued under this Act; (b) a communication is being or has been or will probably be intercepted; 29