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IRM1501 Semester 2 Assignment 1 & 2

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These assignments will help you to understand what it is that is required from you when doing IRM1501

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  • October 14, 2022
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  • 2022/2023
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IRM1501 – Assignment 2


Question One
In 2008 an investigative journalist, Sam Stole who is the managing partner for
amaBhungane Center for investigative journalist, believed that his communications
were being monitored and intercepted. amaBungane is a non-profit investigated
news room. They promote media which is open, accountable and just democratic.
Due to this he approached the Inspector-General of Intelligence so that he could
ascertain if he was in fact being monitored. The Inspector-General advised him that
the National Intelligence Agency and crime intelligence department of the police
were not guilty of anything.


There was a case in 2015 which was about the president at that time, Jacob Zuma.
The case involved a decision to drop corruption charges. At that time the transcripts
recorded a conversation which did in fact confirm that Sam Stole’s communication
had been intercepted and monitored,
Sam Stole had been investigating the case and the decision to drop the charges
against Jacob Zuma.
In 2017, amaBungane and Sam Stole launched an application in the High Court in
Pretoria for a declaration that various provisions of RICA were not constitutional.

2. Legal Question
Is it constitutional that as per the Regulation of Interception of Communications and
Provisions of Communication Related Information 1 which statute permits the
interception of communications of any person authorised state officials subject to
prescribed conditions?


Is it lawful that the state conducts bulk interceptions of telecommunications traffic?


3. Reasons for the decision (Ratio Decidendi)
The court needed to look at whether RICA was in fact an unjustifiable limitation to
the right of privacy and if there was any legal grounding for bulk interceptions in
South Africa. Section 16(7)(a) of RICA forbids any disclosure to the subject of
interception.
The court would have also needed to look at the limitations to the rights to privacy in;
1
Act 70 of 2002 (RICA)

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