South Africa has until February 2024 to remedy the defects of its surveillance law. In 2021, the South African High Court challenged the constitutionality of the country’s main interception law: the Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA). The legislation authorised the interception of communications (also called COMINT or SIGINT) subject to certain conditions.
The High Court also went after the constitutionality of South Africa’s unregulated mass bulk interception of communication activities and its collection of foreign signals intelligence interceptions [source]. The High Court subsequently declared the bulk of mass interception activities and foreign signals interceptions unconstitutional [source]. Although tried in 2021, the court suspended its enforcement for two years to allow parliament to rectify the confirmed legal shortcomings of RICA. As the deadline approaches, the coming months will determine how the South African government will choose to pursue domestic and foreign intelligence gathering.
Key Judgement 1: The South African parliament is unlikely to properly rectify its mass surveillance legislation by February 2024.
Key Judgement 2: Amendments to surveillance are unlikely to restore public confidence in South African authorities.
Key Judgement 3: South African law enforcement agencies will likely be granted exemptions under new RICA surveillance legislation.