This as amaBhungane approached the country's highest court seeking a confirmatory ruling deeming the Rica Act 'unconstitutional' and 'invalid'.
This as amaBhungane approached the country’s highest court seeking a confirmatory ruling deeming the Rica Act ‘unconstitutional’ and ‘invalid’.
“But as Rica stands at the moment, there is no requirement for the SSA [State Security Agency] to tell the judge that as a lawyer they just need to say what they are investigating me for. It is the same for journalists – the extraordinary sensitive conversations he has with sources – the state should not be able to listen to those,” Budlender said.
Among the five orders granted by Judge Roland Sutherland was an order that sections 16, 17, 18, 19, 20 and 22 of Rica were inconsistent with the Constitution and invalid to the extent it failed to prescribe procedures for notifying the subject of the interception, News24 reported. “There is a good argument for auditors and civil society activists, but we have singled out two persons that the law has recognised who have legal privilege because they have legal protection. The state cannot ask to see the memo for my clients or ask Mr Sole for his conversations with sources/whistleblowers,” Budlender argued in response.
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