MADLANGA J
to the formulation of the basis for a temporary withholding of notification pales when
regard is had to the egregious infringement at issue.
[149] It is thus appropriate to read-in provisions that provide for post-surveillance
notification as the default position.
Automatic review
[150] I do not think it would be appropriate to order that – during the period of
suspension – there must be automatic review. First, I have noted that automatic review
is a safeguard worth considering; I did not conclude that it must be included in RICA.
Second, the interim reading-in of an automatic review mechanism is complex. For
example, we do not know how many surveillance directions are executed over what
period. Therefore, we have no idea what load of automatic reviews a designated Judge
or designated Judges would have to attend to. Nor do we know what additional
resources may be necessary. In the circumstances, I do not think it appropriate to allow
automatic review in the interim.
Lawyers and journalists
[151] Save for some minor adjustments, the interim relief granted by the High Court
in respect of interception or surveillance directions affecting practising lawyers and
journalists is appropriate.
The rest of the issues
[152] In respect of the remaining issues, I take the view that interim relief should not
be granted.
Costs
[153] The High Court held that “[i]n keeping with the character of the controversy and
the conventions in this genre of litigation, there shall be no order as to costs”. The
applicants seek their costs and are appealing against this. They claim that this is a
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