MADLANGA J (12) The designated Judge may in exceptional circumstances and on written application made before the expiry of the 90-day period referred to in sub-section (11), direct that the obligation referred to in sub-section (11) is postponed for a further appropriate period, which period shall not exceed 180 days at a time. (13) In the event that orders of deferral of notification, in total, amount to three years after surveillance has ended, the application for any further deferral shall be placed before a panel of three designated Judges for consideration henceforth, and such panel, as constituted from time to time, by a majority if necessary, shall decide on whether annual deferrals from that moment forward should be ordered.’ Order No 2: It is declared that: (a) RICA, including the definition of ‘designated Judge’ in section 1, is inconsistent with the Constitution and accordingly invalid to the extent that it fails to prescribe an appointment mechanism and terms for the designated Judge which ensure the designated Judge's independence; (b) The declaration of invalidity is suspended for two years to allow Parliament to cure the defect; and (c) Six months after the date of this order and pending the enactment of legislation to cure the defect, ‘designated Judge’ in RICA shall be deemed to read as follows: ‘any judge of a High Court discharged from active service under section 3(2) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act 47 of 2001), or any retired judge, who is nominated by the Chief Justice, and upon which nomination is appointed by the Minister of Justice, for a non-renewable term of two years to perform the functions of a designated Judge for purposes of this Act.’ Order No 3: It is declared that: (a) RICA, including section 16(7) thereof, is inconsistent with the Constitution and accordingly invalid to the extent that it fails to adequately provide for a system with appropriate safeguards to deal with the fact that the orders in question are granted ex parte; and (b) The declaration of invalidity is suspended for two years to allow Parliament to cure the defect. Order No 4: It is declared that: (1) RICA, especially sections 35 and 37, are inconsistent with the Constitution and accordingly invalid to the extent that the statute, itself, fails to prescribe proper procedures to be followed when state officials are examining, copying, sharing, sorting through, using, destroying and/or storing the data obtained from interceptions; (2) The declaration of invalidity is suspended for two years to allow Parliament to cure the defect. 9