Parliament has been given two years to amend the Regulation of Interception of Communications and Provision of Communication-Related Information Act (Rica) after the High Court in Johannesburg ruled that it was unconstitutional and invalid.
On Monday, the High Court ruled on an application brought by AmaBhungane Centre for Investigative Journalism.
Co-founder and journalist Sam Sole found that his communication had been intercepted while working on high profile corruption stories.
The Court ordered the state to stop mass surveillance activities and ensure extra safeguards when the state applies for authorisation to intercept communications of journalists or lawyers.
Activist group Right2Know Campaign has welcomed the judgment.
Right2Know in a statement says, “It is paramount that the state stops conducting bulk surveillance with regards intercepting journalists because it compromises their sources. So the bulk surveillance stops now and that is the order that the court has given.”
Just to clarify: Only certain sections of #RICA have been ruled invalid — the sections that deal with interception and not those that deal with sim cards #AmaB #RICAChallenge @amaBhungane
— amaBhungane (@amaBhungane) 16 September 2019
