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[LISTEN] Court Rules Rica Unlawful & Invalid


Faizel Patel, Radio Islam News – 17-09-2019

(Twitter: @FaizelPatel143)


A journalist has told Radio Islam that High Court Judge Roland Sutherland has given Parliament just two years to amend the constitution to stop allowing the state to tap the phones of South Africans and monitor internet signals.

The North Gauteng High court in Pretoria on Monday declared that parts of the Communications and Provision of Communication-Related Information (Rica) Act unlawful.

The judgment stems from an application brought by media group amaBhungane, who challenged the constitutionality of the act after it learned Rica was used to place journalist Sam Sole under surveillance while he was investigating why the state dropped corruption charges against former President Jacob Zuma.

Sole says the act is clearly an invasion of privacy and needs to be changed.

“His (Judge Roland Sutherland) interpretation and his interim solutions re only temporary and parliament will have to fix that permanently. But the ruling on bulk interception is not suspended and that comes into effect immediately, unless of course the state appeals.”

Sole says he was happy with the judgment because amaBhungane had approached the courts so that journalists, specifically investigative journalists, would be able to give people a form of guarantee or assurance that their identities will not be disclosed.


Listen to the interview with Sam Sole 



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