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The Portfolio Committee on Justice and Constitutional Development has noted with concern the legislative gap created by delays in processing changes to the regulation of the Interception of Communication-Related Information Amendment (RICA) Bill.

Today the committee received a briefing from the Department of Justice and Constitutional Development on the President’s reservations relating to the RICA Bill.

The Constitutional Court declared the Act unconstitutional in February 2021 following a court challenge by the AmaBhungane Centre for Investigative Journalism and it was referred to Parliament for reprocessing.

Following further extensive consultations by Parliament’s committees, the National Assembly and National Council of Provinces passed the Bill and referred it to the President for assent.

The President could not assent to the Bill and after raising some constitutional reservations, referred it back to Parliament.

The Portfolio Committee has noted the validity of the President’s reservations about the constitutionality of the Bill;however, the committee is concerned about the gap in legislation created by the latest development.

“We all agree there is no doubt there are deficiencies in the RICA Act, as pointed out by the Constitutional Court. Our focus now is on the reservations that are raised by the President. We also note that there is a huge gap in law in surveillance activities. Our enforcement agencies cannot operate without any laws in place. This Bill is very urgent and as a committee we will try our level best to attend to the matter as quickly as possible,” said committee Chairperson Mr Xola Nqola.

The committee has resolved to engage the Presidency for further clarity on the President’s reservations and that the Bill is still unconstitutional in its current form.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola