RICA declared inconsistent with the Constitution

[Jamie McKane]

RICA declared inconsistent with the Constitution

The South Gauteng High Court has found that parts of the Regulation of Interception of Communications and Provision of Communication-Related Information (RICA) Act are unconstitutional.

In April 2017, media group amaBhungane filed an application in the High Court challenging the constitutionality of the act.

[BusinessTech]

 

[Vox Populi Vox Dei]

Don't Acts of Parliament get vetted by lawyer types before they are presented to Parliament? I mean, I can understand that the law is often vague, but it does seem to happen often.

The government seems to lose many cases based on the unconstitutionality of various laws

 

[mister]

Awesome news!

 

[Former member 61586]

So what happens now? Apologies if in the article. I dont click on them.

 

[Y'all Qaeda]

Bet you the local troll at the vodacom store won't sell me a SIM without RICA'ing - even if I tell it that RICA is no longer constitutional.

 

[mattrudlles]

So what happens now? Apologies if in the article. I dont click on them.

The finding by HC will have to be confirmed by the Constitutional Court. The invalidity order will be suspended until then.

 

[Mk786]

Can get a rica'd sim at any spaza shop

 

[Milano]

Don't Acts of Parliament get vetted by lawyer types before they are presented to Parliament? I mean, I can understand that the law is often vague, but it does seem to happen often.

The government seems to lose many cases based on the unconstitutionality of various laws

Only true in a scenario in which the governing party actually respects the constitution.

 

[Thor]

What will happen now?

 

[Zoomzoom]

oh any degree of rolling back of the surveillance state is good. next step ... fingerprinting and the assumption that all citizens should be treated like criminals in order to get ID.

Removing ALL personal identification from the census next year would also be good. You do NOT need to know WHO I am if you are merely collecting population data. However if you are NOT collecting generalized data then of course you want to match all that information to a particular person.

 

[Matt91]

fingerprinting and the assumption that all citizens should be treated like criminals in order to get ID

that already happens

 

[Zoomzoom]

that already happens

yes and in light of parts of RICA being declared unconstitutional I'm arguing there are other things that need to go the same way.

ID / personal information on censorship forms.

Fingerprints for ID books and driver's license including renewal etc.

the 501 ways you have to verify who and where you are.

the proliferation of spy (ahem sorry 'security') cameras

 

[The_Librarian]

sharksmile.gif

 

[Bhabs]

I can go to any spaza shop and give them wrong information without anyone verifying. This Riva thing has been unconstitutional since day one.

 

[Matt91]

yes and in light of parts of RICA being declared unconstitutional I'm arguing there are other things that need to go the same way.

ID / personal information on censorship forms.

Fingerprints for ID books and driver's license including renewal etc.

the 501 ways you have to verify who and where you are.

the proliferation of spy (ahem sorry 'security') cameras

I dunno if I would agree with you on some of these points - considering the amount of identity theft we have in SA I think some of these issues you are pointing out regarding IDs are also there for your own protection, wouldn't be so fun if it were dead easy for a bad guy to steal your whole life because your bank statement was mis-mailed to the wrong address.

 

[elf_lord_ZC5]

End to surveillance abuse, a pipe dream, will just drive it further underground.

 

[The_Librarian]

End to surveillance abuse, a pipe dream, will just drive it further underground.

This. The govt will find ways and means of doing surveillance on its citizens. If one avenue is closed, they'll explore another avenue, and use it.

 

[hungrymamba]

A government that does not conduct mass surveillance on its citizens does not exist.

 

[Zoomzoom]

I dunno if I would agree with you on some of these points - considering the amount of identity theft we have in SA I think some of these issues you are pointing out regarding IDs are also there for your own protection, wouldn't be so fun if it were dead easy for a bad guy to steal your whole life because your bank statement was mis-mailed to the wrong address.

Explain to me very nicely how you having to prove with ten types of paper where you live is going to prevent someone messing up the delivery of your bank statement? Or for that matter prevent identity theft? None of those measures are for you, that is the huge fat lie they tell you to get you to agree to it. Carefully worded of course so that you have no come back when you realise that when they say, 'it is for security' that they do not mean for your safety.

 

[deweyzeph]

Clearly RICA doesn't work. The ease with which you can buy a pre-rica'd sim card just shows how a stupid law is simply disregarded. This ruling doesn't go far enough. The entire RICA bill needs to be repealed, not just parts of it modified.