JOHANNESBURG
South Africa’s President Cyril Ramaphosa Thursday returned to parliament an “unconstitutional” surveillance bill, which required his assent, seeking reconsideration by the lawmakers.
The Regulation of Interception of Communications and Provision of Communication-Related Information Amendment (RICA) Bill to parliament could be “vulnerable to constitutional challenge,” his office said in a statement.
The parliament, locally known as national assembly, had passed the bill and sent it to Ramaphosa for signing as required by law, but he noted that the bill might be challenged in courts.
Ramaphosa is “concerned that a number of constitutional matters in the bill passed by parliament require reconsideration so that this important statute achieves its intended purpose without the risk of being set aside by the courts,’’ the statement said.
The president has written to the parliament speaker, Thoko Didiza, and copied to relevant ministers regarding the matter.
In February 2021, South Africa’s Constitutional Court ruled that the RICA act was unconstitutional as it failed to offer satisfactory safeguards to ‘protect the right to privacy, as supported by the rights to freedom of expression and the media’ among others.
The ruling followed the application by the Amabhungane Centre for Investigative Journalism and others who challenged the act.
Ramaphosa has expressed his reservations about the constitutionality of the bill, saying the “legislation is deficient insofar as no review is possible of a decision in terms of section 25A(2)(b) to indefinitely suspend post-surveillance notification obligations.”
Ramaphosa said he wishes to see the legislation provide adequate safeguards to address the fact that interception directions and notification suspension applications are sought and obtained ex parte (in the interests of one side or party only).
