[LISTEN]: Identifying the unconstitutional parts of the Rica Act
On Monday, the South Gauteng High Court 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.
Joanne Joseph on the Afternoon Drive show speaks to one of the lawyers involved in the case, Dario Milo, an attorney and partner at Webber Wentzel Bowens to tell which parts of the act have been found to be unconstitutional.
There are a number of provisions, I can highlight a few of the key topics. Firstly the judge said it is unconstitutional because it doesn't provide for a mechanism whereby you will be notified that you are under surveillance.Dario Milo, Attorney and partner - Webber Wentzel Bowens
Anyone who is under surveillance, after that surveillance is over, should within three months be told that you were under surveillance.Dario Milo, Attorney and partner - Webber Wentzel Bowens
If it sought to survey a journalist or a lawyer because these are professionals who would be dealing with sensitive information, Rica deficient, says the judge, because it doesn't contain heightened scrutiny where you order interception of those categories of professionals.Dario Milo, Attorney and partner - Webber Wentzel Bowens
Listen below for more...
This article first appeared on 702 : [LISTEN]: Identifying the unconstitutional parts of the Rica Act
Aarto draft regulations could end up being challenged in court
Justice Project South Africa says the regulations are inconsistent with the Constitution and may lead to legal actionRead More
Sindiso Magaqa murder trial postponed to April 2020
The slain politician's close friend Thabiso Zulu gives reasons as to why the case is being scheduled for next year.Read More
Fees Must Fall's Cekeshe 'very disheartened until Ngcukaitobi took on case'
Activist Busisiwe Seabe says convicted activist Kanya Cekeshe received ill-advised council from his former lawyer to plead guilty.Read More
'Recordings prove Moyane knew SARS unit wasn't rogue'
Investigative journalist Kyle Cowan says the recordings that have come to light show that the Sars rogue unit narrative is falseRead More
Zuma trial: 'We are dealing with the godfather of South African politics'
Analyst Xolani Dube says upcoming trial not so much about the individual, as the organisation which allowed him so much power.Read More
Gordhan 'aggrieved' by 'nonsensical' Survé raid allegations
On Wednesday media boss Iqbal Survé claimed Pravin Gordhan was behind a raid on his Sekunjalo Investment Holdings offices.Read More
'We hope that other countries co-operate with mutual legal assistance requests'
Justice Department spokesperson Crispin Phiri says the US acted on its call with the sanctions against Guptas.Read More
US explains financial sanctions and visa restrictions on Guptas and Salim Essa
Chargé d’Affaires and Acting Ambassador at U.S. Mission in South Africa David Young outlines details of the sanctions.Read More
'Zandile Gumede says she feels harassed and didn't know anything about raid'
EWN reporter Nkosikhona Duma and NPA KZN spokesperson Natasha Kara explains what happened at the former eThekwini mayor's house.Read More
Umalusi ready to administer 2019 final exams
Umalusi CEO Dr Mafu Rakometsi says there will be punitive measures taken against anybody found to be acting irregularly.Read More
Police officers march against gender-based violence
Minister Bheki Cele led the march and urged society to get more involved in reporting crimes in their communities.Read More
'Cape Town's ban of fireworks sites shouldn't diminish essence of Diwali'
There have been growing calls to ban the use of fireworks in Cape Town on special occasions such as Diwali, Guy Fawkes and NYE.Read More
What does the future hold for farmworkers in South Africa?
The National Conference on The Future of Farm Workers in South Africa takes place from 16–18 October 2019, at UWC.Read More
Cape Town City councillors drop vote of no confidence against DA's JP Smith
The councillors, Courtney Van Wyk and Steven Vuba, were reportedly persuaded to abandon the motion on Monday.Read More
Is this the latest must-have fashion item in SA, a bulletproof bodywarmer?
Defence company Action Bulletproof has released its latest line of products...bulletproof bodywarmers.Read More
How Llandudno residents are bringing down crime in their small coastal suburb
Llandudno has almost no crime in the area and that's all because of an extra levy that residents pay for some extra peace of mind.Read More
SACE receives 200 complaints about teachers in W Cape over past year
Council spokesperson Thembinkosi Ndhlovu explains the three major complaints against teachers for 2018/2019.Read More
'I think SA institutions are strong enough to root out corruption'
International relations expert Professor John Stremlau says SA and the US have a strong working relationship.Read More
#NotHopeless: Changing attitudes towards the homeless
LeadSA: Zulfah Boyce relates her journey with U-Turn, which supports the homeless with rehabilitation and skills training.Read More
Cape Town bans fireworks for Diwali, Guy Fawkes, New Year
The City won't be offering designated fireworks sites for traditional celebrations this year, partly due to public opposition.Read More