The Regulation of Interception of Communications and Provisions of Communication-Related Information Act (Rica) violated the right to privacy in a number of areas, and for that reason, it is unconstitutional.
Budlender said Rica's failure to notify the subject of surveillance that they were under surveillance rendered the act unconstitutional.
“The reasonable perception is that a judge picked by the executive for a renewable term will not be seen as independent,” Budlender said. “Just saying the minister appoints her, she is a minister's lackey, is dangerous,” Mogoeng said, adding that judges heading commissions of inquiry were appointed by the executive.
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