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President Ramaphosa Calls for Revisions to Controversial RICA Bill Amid Privacy Concerns

Published November 24, 2024
2 months ago

In a significant move reflecting concerns over civil liberties, President Cyril Ramaphosa has referred the Regulation of Interception of Communications and Provision of Communication-Related Information Amendment (RICA) Bill back to the National Assembly. In light of the Constitutional Court's directives, the President pinpointed several provisions within the bill that demand reevaluation, primarily centered around privacy and the management of surveillance activities.





The RICA Amendment Bill, which first emerged from the Department of Justice in early 2023, was designed to address previous Constitutional Court judgments that deemed parts of the existing surveillance laws unconstitutional. This judicial critique followed a high-profile case brought forward by investigative journalist Sam Sole and the amaBhungane Centre for Investigative Journalism, which highlighted misuse of surveillance operations under RICA against journalists.


Despite its intention to bolster national security, President Ramaphosa has flagged significant issues within the amended bill. Notably, his concerns pertain to Section 25A(2)(b), which currently does not mandate notifying individuals post-surveillance, potentially infringing on their right to privacy. Additionally, the bill lacks robust procedures for handling sensitive information collected through surveillance.


The President's stance is reinforced by the broader context of the state’s necessity to balance security concerns with constitutional rights. The initial ruling by the Constitutional Court, which was upheld even after an appeal by the Ministry of State Security, underlined a host of RICA's shortcomings. Chief among these were the inadequate provisions for notifying surveillance subjects, the absence of an independent judge overseeing surveillance requests, and insufficient protective measures for sensitive professional groups like lawyers and journalists.


Additionally, the court criticized the mechanisms for managing intercepted data, suggesting that RICA allowed for potential misuse or unlawful handling of information. This ruling, followed by the specified three-year amendment period ending on February 4, 2024, sets a pressing deadline for the National Assembly to enact these crucial revisions.


The debate surrounding RICA also brings to the fore the voiced concerns of the Ministers of Police and Justice. Both have defended the necessity of a robust surveillance system, citing South Africa’s struggle with serious and violent crimes. They argue that comprehensive surveillance tools are indispensable for detecting and preventing grave offenses.


As the bill returns to the legislative chamber, it sparks a pivotal discussion on striking an equitable balance between ensuring national security and safeguarding individual rights. This legislative journey is not just about reforming policy but shaping the future of privacy and surveillance in South Africa.


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