South Africa’s Constitutional Court has granted temporary permission for the government to continue its surveillance operations, despite the country’s spying law still being non-compliant with constitutional safeguards.
The ruling comes after President Cyril Ramaphosa urgently requested an extension, warning that shutting down intelligence-gathering activities would jeopardize national security. The controversial Regulation of Interception of Communications and Telecommunications-Related Information Act (RICA) – which governs state surveillance of calls, messages, and digital communications – was declared partially unconstitutional in a previous court judgment.
The court found RICA insufficient in protecting privacy rights, citing weak oversight, lack of transparency, and inadequate safeguards for citizens subjected to surveillance. Despite this, Parliament has yet to finalize amendments to align the law with constitutional requirements.
In its interim ruling, the court imposed strict conditions on intelligence agencies, requiring them to operate within defined boundaries while lawmakers complete reforms. However, civil society groups remain concerned about prolonged delays in fixing the law.
“This temporary solution doesn’t erase the fundamental flaws in RICA,” said a representative from the Right2Know campaign. “The state still has broad powers to spy on citizens without proper accountability.”
The court emphasized that its decision is not an indefinite approval and expects Parliament to act swiftly. Legal experts warn that further delays could trigger another constitutional challenge, as the current framework still lacks key privacy protections.