RICA declared inconsistent with the Constitution

Zoomzoom said:
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.
Click to expand...

That wasn't my experience when I got my smart ID, all I needed was proof of residence within 3 months, my unabridged birth certificate and my parents birth certificates... After the biometrics it was just a matter of waiting. Personally I'm happy with it being a little harder as opposed to a little easier when it comes to official documents but your opinion is obviously different. Was that a nice enough explanation for you?

IMHO you sound like one of those tinfoil hat types. :laugh:
 
Matt91 said:
That wasn't my experience when I got my smart ID, all I needed was proof of residence within 3 months, my unabridged birth certificate and my parents birth certificates... After the biometrics it was just a matter of waiting. Personally I'm happy with it being a little harder as opposed to a little easier when it comes to official documents but your opinion is obviously different. Was that a nice enough explanation for you?

IMHO you sound like one of those tinfoil hat types. :laugh:
Click to expand...

All I needed for my smart ID was...nothing. They just took my fingerprints and 5 days later my smart ID card was ready for collection. Never heard of home affairs needing proof of residence or your parent's birth certificates for an ID application. They do need your birth certificate if it's the first ID you've ever applied for.
 
Matt91 said:
That wasn't my experience when I got my smart ID, all I needed was proof of residence within 3 months, my unabridged birth certificate and my parents birth certificates... After the biometrics it was just a matter of waiting. Personally I'm happy with it being a little harder as opposed to a little easier when it comes to official documents but your opinion is obviously different. Was that a nice enough explanation for you?

IMHO you sound like one of those tinfoil hat types. :laugh:
Click to expand...

By biometrics you mean being photographed and fingerprinted. Tell me what happens when someone gets arrested ... they are .... think hard ... photographed and fingerprinted right? So how did you enjoy being treated like a criminal? Explain to me how your photograph and fingerprints in a government file somewhere for them to use against you keeps you safe in any way whatsoever?
 
Rica is not difficult at all. Just make sure that where you are buying the sim card they say it has already been rica'd. No forms no nothing :-)
 
Chris_the_Brit said:
Don't Acts of Parliament get vetted by lawyer types before they are presented to Parliament?
Click to expand...

They do. But, have you seen the quality of our legal system and lawyers in South Africa today? Man, you only need to be able to count to 5 and you will be issued an LLB - and as a bonus, someone may even throw in a title of advocate or judge just to thank you for your time.
 
Jopie Fourie said:
They do. But, have you seen the quality of our legal system and lawyers in South Africa today? Man, you only need to be able to count to 5 and you will be issued an LLB - and as a bonus, someone may even throw in a title of advocate or judge just to thank you for your time.
Click to expand...
That is absolute rubbish :rolleyes:
 
  • Like
Reactions: rh1
deweyzeph said:
All I needed for my smart ID was...nothing. They just took my fingerprints and 5 days later my smart ID card was ready for collection. Never heard of home affairs needing proof of residence or your parent's birth certificates for an ID application. They do need your birth certificate if it's the first ID you've ever applied for.
Click to expand...

did you do your passport before you smart ID?
 
Zoomzoom said:
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
Click to expand...


Plus need to say what race I am. In this non racial democracy....
 
Matt91 said:
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.
Click to expand...
There is nothing stopping it going to the wrong address now. There is nothing stopping anyone stealing your post. I also doubt the banks are checking to make sure the address you entered on your account is exactly the same as the one on your proof of residence. It is not the point of FICA (which is worthless anyway).

So do they check your fingerprints against existing prints when you apply for an ID? Even if they do how would that prevent identity theft if the thieves can simply arrange it that the fingerprint on record is theirs and not yours?

Matt91 said:
That wasn't my experience when I got my smart ID, all I needed was proof of residence within 3 months, my unabridged birth certificate and my parents birth certificates... After the biometrics it was just a matter of waiting. Personally I'm happy with it being a little harder as opposed to a little easier when it comes to official documents but your opinion is obviously different. Was that a nice enough explanation for you?
Click to expand...
Why would they need your parents' birth certificates? Why would any adult generally have their parents' birth certificates? Proof of residence is worthless. There is simply no way for them to determine if it is genuine or not unless they have it forensically analysed. And the police will just stamp a copy of a fake, because all they check is that the copy is the same as the original fake.

Jopie Fourie said:
They do. But, have you seen the quality of our legal system and lawyers in South Africa today? Man, you only need to be able to count to 5 and you will be issued an LLB - and as a bonus, someone may even throw in a title of advocate or judge just to thank you for your time.
Click to expand...
Must be the reason laws get challenged in court in the US too.
 
_TrXtR_ said:
Rica is not difficult at all. Just make sure that where you are buying the sim card they say it has already been rica'd. No forms no nothing :)
Click to expand...
So if you lose the sim or phone is stolen, you lose the number, the airtime and data on it. Unless you can find the original person to get it rica'ed again to get your number back?
 
Arthur said:
Where did you read that the Act is invalid right now? Invalidity is suspended for two years so that the Legislature can fix it up.
Click to expand...

Where...

OP:
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.
Click to expand...

Headline:
RICA declared inconsistent with the Constitution
Click to expand...

Not even a mention of the 2 years in the OP. Suppose I need to know better, but with all the click bait articles, I don't follow all the links.
 
Small victory IMO. This has nothing to do with the broader RICA process itself.

News24 have a longer version than the OP, including the 2 year suspension. Amabunghane and journalists were the plaintiffs, so expect to read more about the details: https://www.news24.com/SouthAfrica/...eption-by-state-unlawful-and-invalid-20190916
The legal battle against RICA started in April 2017 after amaBhungane received confirmation that its managing partner, Sam Sole, had been under surveillance under RICA.

At the time, Sole was investigating a National Prosecuting Authority (NPA) decision to drop corruption charges against former president Jacob Zuma.

amaBhungane demanded to know the basis for the surveillance and although it never received detailed reasons, it received State Security Agency confirmation that there was an order from a judge allowing the interception.
Click to expand...

Speaking outside the court, Sole said he was happy with the judgment because amaBhungane had approached the courts so that journalists, specifically investigative journalists, would be able to give people a form of guarantee or assurance that their identities will not be disclosed.

"That's key to us being able to get people to talk to us. And if there is a general perception that the State can just call up Sam's phone records and see exactly who he is talking to without any problem, [it] has a chilling effect on our ability to get information," Sole said.
Click to expand...
 
Last edited:
Arthur said:
The posted OP story says invalidity has been suspended for two years.
Click to expand...

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]
Click to expand...

This is the OP. Not the article. The OP.
So please point it out.
 
Surely the spam I got after I RICA'd my phone number is not be legal?
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X