President Ramaphosa transmits the RICA Amendment Bill to the National Assembly

President Cyril Ramaphosa has instructed the National Assembly to reconsider the Regulation of Interception of Communications and Communications Related Information Act (RICA) Amendment Bill.

In a statement Thursday, the president’s office said the president was concerned the bill could be vulnerable to constitutional challenges.

The President expressed his concerns in writing to the Speaker of the National Assembly, Thoko Didise, and brought the matter to the attention of the relevant ministers.

According to Article 79(1) of the Constitution, the President must either assent and sign a bill transmitted to him by the National Assembly or, if he has reservations about the constitutionality of the bill, return it back to the National Assembly for reconsideration. .

The National Assembly passed the bill and submitted it to the President for approval.

“However, President Ramaphosa is concerned that a number of constitutional issues in the bill passed by Parliament require review in order for this important legislation to achieve its intended purpose without the risk of being overturned by the courts,” the presidency said.

Having reviewed the bill, as well as the 2021 Constitutional Court decision in Center for Investigative Journalism and Others in Amabhungan v Minister of Justice and Correctional Services and Others, the Office of the President said President Ramaphosa had expressed his doubts about the constitutionality of the bill for various reasons.

“In the President’s view, the Bill remains unconstitutional because decisions under section 25A(2)(b) of the Bill may result in the subject of surveillance never being notified of the surveillance.

“The President also considers that the legislation is flawed as it is not possible to review a decision under section 25A(2)(b) to indefinitely suspend notification obligations after observation,” the statement said.

The President would also like the legislation to provide adequate safeguards to address the fact that interception orders and applications to suspend notices are sought and received ex parte (for the benefit of one party or party only).

“President Ramaphosa has asked the National Assembly to reconsider the bill so that its objectives can be implemented quickly and without the risk of any constitutional problems,” the presidential office said. – SAnews.gov.za