Sometimes, during a court hearing, a judge will ask one question that, with alarming speed, unravels one side’s argument — sometimes even their whole case. Or, it sets the day’s argument on a new and unexpected course.
On Tuesday at the Constitutional Court it happened again: Justice Chris Jafta asked a question that seemed to change the whole trajectory of the case. The hearing was about whether to confirm a judgment of the high court that had set aside, as unconstitutional, chunks of the law on surveillance — the Regulation of Interception of Communications and Provision of Communication-Related Information Act .
That’s normal . But in many democracies, especially those with justiciable bills of rights, the state has a duty to inform the surveilled party — after its investigation is over. Not here in South Africa — which is a breach of someone’s right to privacy, said amaBhungane, and also of their right of access to courts.
No, said Chief Justice Mogoeng Mogoeng, “you can’t exercise a power from a definition”. Jafta even said: “This legislation is one of the worst drafted [laws] I have ever seen.” Counsel for state security, Kennedy Tsatsawane SC, had opposed the confirmation of every one of Sutherland’s orders, arguing that the Act did put enough safeguards in place to justify the limitation of privacy rights. But when he conceded that there was no provision empowering the minister to designate a judge, Mogoeng asked: “So where does that leave your case?”
But Mogoeng warned against impliedly maligning the integrity of judges, saying once a judge was appointed, he or she was independent and, even after they retired, still received a salary pegged to the salary of active judges.
Why not appoint an active judge? Or leave this to the active judges?
How is it the worst drafted? Care to share?
Law Law Latest News, Law Law Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
WATCH | Police officer injured as refugees clash with law enforcementLaw enforcement officers lined up again on Monday morning to enforce the court order granted to the city to prevent the group from relocating anywhere in Cape Town's central business district.
Source: SowetanLIVE - 🏆 13. / 63 Read more »