4 February 2021
LRC welcomes Constitutional Court ruling in RICA case
Johannesburg — The Legal Resources Centre welcomes the Constitutional Court ruling this morning that specific provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA) are invalid. The LRC represented both Privacy International and the Right2Know Campaign who were admitted as Amicus Curiae in this matter. This ground-breaking judgment in AmaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others; Minister of Police v AmaBhungane Centre for Investigative Journalism NPC and Others upholds the 2017 ruling by the Johannesburg High Court that certain provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA) are invalid, and therefore unconstitutional as these provisions fail to provide adequate safeguards to protect the right to privacy.
This judgment reaffirms the importance of the constitutional right to privacy and the need to protect everyone’s right not to have the privacy of their communications infringed. It further protects everyone from security agencies and abuses of power. It is also a step in the right direction in strengthening our democracy.
Issued by the Legal Resources Centre
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Lucien Limacher (Johannesburg Acting-Regional Director), Legal Resources Centre: email@example.com
David Mtshali (Attorney of record), Legal Resources Centre: firstname.lastname@example.org