Joint Statement: RICA declared Unconstitutional & Invalid
Published by The Legal Resources Centre [icon type=”icon-clock”] 16 September 2019
- Ending secret spying abuses, by ensuring that people whose communications are secretly intercepted by the state are informed within three months, unless law-enforcement agencies convince a judge to grant a postponement.
- Ensuring extra safeguards when the state applies for authorisation to intercept communications of journalists or lawyers.
- Ordering the state to stop all mass surveillance activities, which it has been conducting through the shadowy ‘National Communications Centre’ in Gauteng — without any legal regulation.
- Ordering Parliament to drastically amend RICA within 2 years, to improve the independence and oversight of the ‘RICA judge’ who oversees surveillance requests, and to provide clear procedures for how state officials handle data that they have intercepted.
- The NPA must prosecute all individuals who have been implicated in illegal surveillance over the years. No more delays!
- The Inspector General of Intelligence must finalise the many investigations of illegal surveillance lodged by members of the public and civil society. No more delays!
- The state must end the delays in giving full legal protection to ordinary citizens’ privacy: the Protection of Personal Information Act (POPI) must be brought into force. The privacy watchdog, the Information Regulator, must show that it can act to protect against abuse of people’s personal information.