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RICA spy ruling skims deeper rot in surveillance practices
When amaBhungane’s investigative journalist Sam Sole discovered that he was the subject of state surveillance, it wasn’t a shock. In Sole’s words, “amaBhungane works at the intersection between business, politics and crime”, where scandal is abundant. When amaBhungane took its case to The Constitutional Court, it was ruled that RICA is unconstitutional. The judgement stated that the Act violates the right to privacy, access to courts and the freedom of expression in the media. Sam Sole is most certainly not alone in being spied on by heavyweights with dangerous secrets. A small victory in the fight against illegal surveillance of private citizens is not enough, writes Jane Duncan on The Conversation. – Melani Nathan
The Constitutional Court has declared the law which governs the communication surveillance activities of the country’s intelligence community unconstitutional. Picture: iStock
While the Constitutional Court ruling declaring some spy laws unconstitutional there are still some loopholes in the surveillance law, writes
Jane Duncan.
South Africa’s Constitutional Court has declared the law which governs the communication surveillance activities of the country’s intelligence community unconstitutional.
The case was based on evidence that the state spied on investigative journalist Sam Sole, of amaBhungane Centre for Investigative Journalism, while he was communicating with a source in the National Prosecuting Authority.
The judgment is a huge advance for privacy and freedom of expression. It means that rogue spies will be less able to manipulate the process to spy on journalists, lawyers, activists and others purely because they are critical of the state.
OPINION: The judgment is a huge advance for privacy and freedom of expression, but spy agencies could use the loopholes to continue their abuses, writes Jane Duncan.
The Constitutional Court judgment is a huge victory, not only for journalists and lawyers who stand to benefit directly and immediately, but for broader society.