A exemption granted by the minister of justice to allow SAPS to intercept calls has come into question.
The government has given the South African Police Service the green light to procure and use equipment to intercept communication in the country.
On 15 March 2023, the minister of justice submitted a certificate of exemption to the Regulation of Interception of Communications and Provision of Communication-related Information Act . However, it was up to Parliament to determine if it would proceed. The act further requires the minister of justice to grant an exemption if it is in the public’s best interests.
The procurement of equipment by SAPS to circumvent these rights – without the exemption – has been illegal, said Engelbrecht. Engelbrecht said that illegally-obtained information – which could have been acquired through SAPS’ previous use of the devices – cannot be used in court proceedings.
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