The South African Constitutional Court docket discovered its surveillance legislation to be unconstitutional. – LexForti Authorized Information & Journal

In the case of the Amabhugane Center for Investigative Journalism NOC and Anr v Justice and Justice Minister and Ors. The court recently found that surveillance of private communications limits the right to privacy, the Constitutional Court of South Africa. With this comment, the court found the Interception of Communications and Provision of Communications-Related Information Act of 2002 to be unconstitutional.

The court justified this with the fact that the legislation does not provide that a judge appointed under Section 1 is sufficiently independent. does not provide for the item to be monitored to be informed of the fact that it is being monitored as soon as notification can be made without endangering the purpose of the monitoring once it has ended; It does not offer any safeguards to take account of the fact that interception instructions are sought and obtained ex parte. It does not prescribe procedures to ensure that the data collected is not used unlawfully, including prescription procedures that must be followed to examine, copy, share, search, use, store, or destroy the data. and take appropriate security precautions when the subject of surveillance is a practicing lawyer or journalist.

Taking into account the reasons, the law was declared unconstitutional on February 4, 2021.

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