Author: Catherine Kruyer
This report, commissioned by the Media Policy and Democracy Project and published by Intelwatch, has been prepared to inform the reform effort that was sparked by the Constitutional Court’s order in AmaBhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services.
The Constitutional Court in AmaBhungane evaluated the law regulating communications surveillance – the Regulation of Interception of Communications and Provision of Communications-Related Information Act (“RICA”) – and declared RICA inconsistent with the Constitution in five respects. The judgment and order of the Constitutional Court necessitates extensive and wide-ranging amendments to RICA to cure the defects identified by the Court. The Constitutional Court suspended the declarations of invalidity to give Parliament an opportunity to cure the defects.
The report considers the reforms required to cure the defects in RICA identified by the Constitutional Court, as well as further reforms to existing legislation required to ensure a human rights-centric approach to communications surveillance in South Africa.