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Some thoughts on judge Sutherland’s surveillance decision handed down in Jhb High Court today. It’s the first major challenge to the surveillance regime in SA law. @amaBhungane succeeded in all of its 6 arguments - it’s a full house. Here are the 6 challenges:
1. #RICA is unconstitutional because fails to prescribe procedure to notify subjects of interception after the interception has occurred. Pending Parliament fixing within 2 years, subjects must generally be notified within 90 days of the expiry of the interception direction.
2. #RICA unconstitutional in not prescribing appointment and terms for designated judge (who grants interception orders) that ensure the judge’s independence. Pending Parliament fixing within 2 years, designated judge means one appointed by CJ for non-renewable term of 2 years.
