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ARTICLE · 11 DECEMBER 2019

The Walls Have Ears

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In a Judgment regarding the matter between Amabhungane Centre For Investigative Journalism NPC and Stephen Patrick Sole V Minister Of Justice And Correctional Services and 10 others...

South AfricaMedia, Telecoms, IT, Entertainment
SWVG Inc.
SWVG Inc.

In a Judgment regarding the matter between Amabhungane Centre For Investigative Journalism NPC and Stephen Patrick Sole V Minister Of Justice And Correctional Services and 10 others, Judge Roland Sutherland addressed the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") which Act permits the interception of communications of any person by authorised state officials subject to prescribed conditions.

The Second issue addressed was the practice of the State in conducting ‘bulk interceptions’ of telecommunications traffic on the basis that no lawful authority exists to do so. The National Strategic Intelligence Act 30 of 1994 ("NSI") and the Intelligence Services Control Act 40 of 1994 ("ISO") were implicated in the analysis of this issue.

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