Ramaphosa rejects bill intended to protect journalists, lawyers from undue surveillance

CAPE TOWN - President Cyril Ramaphosa has rejected a bill intended to protect journalists and lawyers from undue surveillance as unconstitutional.

Ramaphosa has sent the Regulation of Interception of Communications and Provision of Communication-related Information Amendment (RICA) Bill back to Parliament. 
 
The bill passed a year ago, is in response to a 2021 Constitutional Court ruling that found RICA to be unconstitutional in respect of protecting the right to privacy. 
 
In 2021, the amaBhungane Centre for Investigative Journalism challenged RICA to ensure journalists are notified that they have been spied on as soon the surveillance is terminated.
 
Parliament was given three years to rectify the defects in the law. 
 
The RICA Amendment Bill makes provision for a designated judge to review the surveillance of journalists and lawyers. 
 
However, Ramaphosa has expressed reservations about whether this is adequate protection. 
 
He fears the draft law may lead to a subject of surveillance never being notified that they have been spied upon. 
 
Ramaphosa is also concerned about the lack of a review mechanism to suspend post-surveillance notification obligations.
 
Presidency spokesperson Vincent Magwenya: “President Cyril Ramaphosa has requested the National Assembly to consider afresh the RICA Bill out of concern that the draft law may be vulnerable to constitutional challenge.”
 
Magwenya said the president has also informed the relevant ministers of his reservations.