The Constitutional Court found that provisions of RICA were
unconstitutional and did not fully comply with the rights to
privacy, freedom of expression, legal privilege and the rights of
access to courts.
On 4 February 2020 the Constitutional Court handed down a
judgment declaring a decision made by the High Court of Gauteng
North to be correct. In the matter of Amabhungane Centre for
Investigative Journalism NPC and Another v Minister of Justice and
Correctional Services and Others; Minister of Police v
Amabhungane Centre for Investigative Journalism NPC and Others
CCT278/19 & CCT279/19, the Constitutional Court found that
provisions of the Regulation and of Interception of Communications
and Provision of Communication Related Information Act 70 of 2002
(“RICA”) were unconstitutional on the
basis that they failed to fully comply with the rights to privacy,
freedom of expression, legal privilege and the rights of access to
courts
