According to Nkabinde, there are now several cases in the public record where law enforcement officers lied to get interception orders against targets such as journalists and prominent businesspeople. “Undisputed evidence was before Court that in certain instances the agencies can obtain fictional intelligence report about an individual,” stated Nkabinde.
Which is very likely the identical problem faced by other democracies around the world. It is not about just ticking boxes, and abuse of the system breaks down trust in the justice system as well as for law enforcement. Often for many democracies, an independent justice system and media organisations, are their last bastions of democracy and citizen rights.
See RICA is a joke
The Designated Judge for the Interception of Communications, Justice Bess Nkabinde, has highlighted major problems with South Africa’s lawful interception regime.