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Data collection: ConCourt judgment on surveillance has
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On Thursday, 4 February 2021, the Constitutional Court handed down a decision which has already received worldwide acclaim. It found in favour of amaBhungane, the investigative journalism organisation, in a landmark case involving the collision between the right to privacy and the right of the state to engage in surveillance.
The court ruled that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (Rica) is unconstitutional in five important respects because it did not provide sufficient safeguards to protect the privacy of citizens. It also confirmed that bulk surveillance is unlawful in South Africa.
The story begins in 2008 when journalist Sam Sole (one of the co-founders of amaBhungane) had some confidential conversations with senior public prosecutor Advocate Billy Downer about the criminal charges then pending against former president Jacob Zuma. Downer was in charge of the prosecution. Sole was doing what investigative jour
Alon Skuy, Gallo Images, Sowetan
The amaBhungane Centre for Investigative Journalism scored a victory in the Constitutional Court on Thursday in a ruling on the surveillance of journalists.
The court found the Regulation of Interception of Communication Act (RICA) is unconstitutional to the extent that it fails to provide adequate safeguards to protect the right to privacy .
The declaration of invalidity was suspended for three years.
The
Constitutional Court on Thursday ruled in favour of the amaBhungane Centre for
Investigative Journalism, confirming a South Gauteng High Court ruling deeming
parts of the Regulation of Interception of Communication Act (RICA)
unconstitutional.
Constitutional Court declares provisions of Rica unconstitutional Nomahlubi Sonjica > By Nomahlubi Sonjica - 04 February 2021 - 13:45 The Constitutional Court has declared provisions of Rica unconstitutional. Stock photo. Image: 123RF/federicofoto
The Constitutional Court on Thursday declared the Regulation of Interception of Communication and Provision of Communication-Related Information Act (Rica) unconstitutional in so far as it did not provide “adequate” safeguards to render it lawful.
The amaBhungane Centre for Investigative Journalism and its managing partner Sam Sole had filed an application at the apex court for confirmation of the five orders made by the high court in September declaring Rica unconstitutional.
Sole and amaBhungane challenged the provisions of Rica after they received confirmation that Sole had been under surveillance.
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