MADLANGA J / JAFTA J
“Section 25A Post-surveillance notification
(1)
Within 90 days of the date of expiry of a direction or
extension thereof issued in terms of sections 16, 17, 18, 20,
21 or 23, whichever is applicable, the applicant that
obtained the direction or, if not available, any other law
enforcement officer within the law enforcement agency
concerned must notify in writing the person who was the
subject of the direction and, within 15 days of doing so,
certify in writing to the designated Judge, Judge of a
High Court, Regional Court Magistrate or Magistrate that
the person has been so notified.
(2)
If the notification referred to in subsection (1) cannot be
given without jeopardising the purpose of the surveillance,
the designated Judge, Judge of a High Court, Regional
Court Magistrate or Magistrate may, upon application by
a law enforcement officer, direct that the giving of
notification in that subsection be withheld for a period
which shall not exceed 90 days at a time or two years in
aggregate.
9.
The Minister of Police and the Minister of State Security must pay the
applicants’ costs in this Court, including the costs of two counsel.
JAFTA J (Mogoeng CJ concurring)
[158] I have had the benefit of reading the judgment prepared by my colleague
Madlanga J (first judgment).
I agree with much of what is contained in the
first judgment, except its conclusion on whether RICA empowers the Minister of
Justice to designate a Judge for the purposes of RICA. I am not persuaded that RICA
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