President Cyril Ramaphosa has rejected the Regulation of Interception of Communications and Provision of Communication-related Information Amendment (RICA) Bill, citing constitutional concerns. The bill, which aims to protect journalists and lawyers from unwarranted surveillance, has been sent back to Parliament for reconsideration.
The RICA Amendment Bill was introduced in response to a 2021 Constitutional Court ruling that declared the existing RICA legislation unconstitutional in safeguarding the right to privacy. This came after the amaBhungane Centre for Investigative Journalism challenged the law, advocating for journalists to be notified after surveillance activities are concluded.
Parliament was given a three-year deadline to rectify the flaws in the law. The revised bill included provisions for a designated judge to oversee surveillance of journalists and lawyers, intending to enhance oversight and accountability.
However, Ramaphosa raised concerns that the proposed amendments may still fail to meet constitutional standards. Specifically, he noted the bill does not ensure individuals subjected to surveillance are notified once the monitoring ends. Additionally, the president flagged the absence of a mechanism to suspend post-surveillance notifications under specific circumstances.
Presidency spokesperson Vincent Magwenya explained the president’s stance:
“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 added that the president has communicated his reservations to the relevant ministers, urging them to address the potential shortcomings to avoid further legal challenges.
The bill’s return to Parliament underscores ongoing debates over balancing privacy rights with national security and investigative needs.
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