The South African Parliament has been given 36 months to cure the defects in its cellphone surveillance law.
This comes after the constitutional court ruled that the Regulation of Interception of Communication and Provision of Communications Related Act (RICA), was unconstitutional.
The ruling follows a challenge brought by journalists, after it came to the attention of the Amabhungane Centre for Investigative Journalism that it’s managing partner , Sam Sole, was under government surveillance.
The judgment was handed down by Justice Mbuyiseli Madlanga yesterday and confirms 5 Judgements by the high court.
The judge said RICA is unconstitutional to the extent that when the intended subject of surveillance was a practicing lawyer or journalist, it failed to provide additional safeguards calculated to minimize the risk of infringement of the practicing lawyer or journalist ‘s sources.
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