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[LISTEN]: Identifying the unconstitutional parts of the Rica Act

17 September 2019 5:36 PM
Tags:
South Gauteng High Court
Rica
Sam Sole
amaBhungane
Attorney Dario Mil says after the surveillance is over, one should be notified should within three months.

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


17 September 2019 5:36 PM
Tags:
South Gauteng High Court
Rica
Sam Sole
amaBhungane

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