Streaming issues? Report here
Nonn Botha 1500 x 1500 2020 Nonn Botha 1500 x 1500 2020
702 Music with Nonn Botha
14:30 - 18:00
volume_up
volume_mute

Up Next: This is Africa with Richard Nwamba
See full line-up
702 Music with Nonn Botha
14:30 - 18:00
Home
arrow_forward
Local

Rica Act's surveillance laws unconstitutional, court finds

16 September 2019 1:42 PM
Tags:
NPA
Journalism
Sam Sole
amaBhungane
Rica Act
spying
surveillance
laws

The act was used to place journalist Sam Sole under surveillance while he was investigating Zuma's corruption charges in 2017.

The South Gauteng High Court has found that parts of the Regulation of Interception of Communications and Provision of Communication-Related Information (Rica) Act are unconstitutional.

In 2017, media group amaBhungane filed an application in the high court to challenge the constitutionality of the act.

The court application was launched after it emerged that amaBhungane's investigative journalist Sam Sole had been a target of state surveillance under Rica.

His communications were intercepted while he was reporting on the corruption investigation against former president Jacob Zuma.

The court found that the law was inconsistent with the Constitution in a number of areas, Sole explains.

Sole says the act is clearly an invasion of privacy and does not have the necessary safeguards in place.

The court has agreed that there should be a procedure for notifying a person whose information has been intercepted.

It's an invasion of privacy.

Sam Sole, AmaBhungane journalist

The safeguards that are built into Rica, to prevent abuses of surveillance, are insufficient to do the constitutional job.

Sam Sole, AmaBhungane journalist

We argued that there needs to be a post-surveillance notification.

Sam Sole, AmaBhungane journalist

The court ruled that the validity of the judgment be suspended for two years to allow Parliament to review the legislation.

Listen to the discussion with Clement Manyathela:


This article first appeared on CapeTalk : Rica Act's surveillance laws unconstitutional, court finds


16 September 2019 1:42 PM
Tags:
NPA
Journalism
Sam Sole
amaBhungane
Rica Act
spying
surveillance
laws

More from Local