[2358] The Constitution of the Republic of South Africa, Act 108 of 1996, available at http://www.parliament.gov.za/legislation/1996/saconst.html.
[2359] The Interim Constitution (Act 200 of 1993).
[2360] Case and Another v Minister of Safety and Security and Curtis and Another v Minister of Safety and Security 1996 (3) SA 617 (CC).
[2361] Bernstein and others v Von Weilligh Bester NO and others, 1996 (2) SA 751 (CC); 1996 (4) BCLR 449 (CC) - delivered March 27, 1996.
[2362] Mistry v The Interim National Medical and Dental Council of South Africa and others as yet unreported, CCT 13/97, May 29, 1998.
[2363] Press statement issued by Adv. Johnny de Lange, MP and Chairperson of the Portfolio Committee on Justice & Constitutional Development, available at http://www.polity.org.za/govdocs/pr/2001/pr0718c.html.
[2364] No. 70 of 2002.
[2365] Specifically, Chap. II; Art. 3, Council of Europe, Convention on Cybercrime. ETS No.: 185.
[2366] Signed November 23, 2001.
[2367] Act No. 103 of 1996, as amended.
[2368] "South Africa to Set up Signals Intelligence Centre," Reuters, February 7, 2000.
[2369] Sec. 13(5).
[2370] The definition of 'communication' has been augmented to include all 'direct' and 'indirect' communications, which together cover all traffic, signaling and other call related information, as well as the content of such communications.
[2371] Sec. 8.
[2372] These include: broad interception direction; an archived communications direction (any communication related information in the possession of a telecommunications service provider (TSP) and which is being stored by that TSP for up to one year, regarding the transmission of the indirect communication) and real time (real time information on an ongoing basis without interception) or supplementary direction or a combination thereof. Also on application are entry warrants (to rig premises and intercept postal articles) and decryption directions. All can be obtained as oral directions when urgent circumstances prevail.
[2373] Sec. 21.
[2374] Chap. 9.
[2375] "Newspaper Uncovers 'Unlawful' Tapping by Intelligence Units," The Star, 21 February 1996.
[2376] "South Africa Admits to Spying on German Embassy," Reuters, February 6, 2000.
[2377] "Democratic Party Outraged by Bugging of Its Offices," Africa News, November 23, 1999.
[2378] Letter to Ms. Collette Herzenberg and Ms. Zodwa Zenzile of the Committee on Justice & Constitutional Development, from David Banisar, Deputy Director, Privacy International, August 13, 2001, available at http://www.privacyinternational.org/countries/south_africa/pi-sa-intercept-letter.html.
[2379] Discussion Paper 78 (Project 105), Review of Security Legislation, The Interception and Monitoring Prohibition Act 127 of 1992 (November 1998), available at http://www.law.wits.ac.za/salc/discussn/monitoring.pdf.
[2380] Id.
[2381] Act No. 25 of 2002.
[2382] Chap. III.
[2383] Chap. XIII.
[2384] Incorporating notice and take down procedures; mere conduit recognition and safe harbor provisions. Liability will only attach where and ISP has direct knowledge of illegal or objectionable material and fails to take effective action as required by law.
[2385] Inspectors are given investigative, search and seizure powers, subject to obtaining a warrant (which may be issued by any Court). They may also exercise these powers without a warrant if they have reason to believe that a warrant would be issued to them on application, and if delaying the search to obtain a warrant would defeat its purpose.
[2386] Chap. XI.
[2387] Act No. 2 of 2000.
[2388] "Fears that Website Listed Confidential Bank Data," Africa News, July 12, 1999.
[2389] "FNB Allows Access to Account Balance Data," Business Day, February 21, 2000.
[2390] David Shapshak, "SA Services Get `Smart'," Mail & Guardian, April 24, 1998.
[2391] "Smart Cards to Replace ID Books in SA in 2001," Africa News, February 1, 2000.
[2392] Act No. 2 of 2000.
[2393] "Concerns Raised over Access to Information Act," Mail Guardian, May 10, 2001.
[2394] Id.
[2395] Open Democracy Bill No. 67, 1998, available at http://www.parliament.gov.za/bills/1998/b67-98.pdf.
[2396] Report of the Ad hoc Committee on Open Democracy Bill [B 67-98], Parliament of the Republic of South Africa, January 24, 2000.
[2397] Michele Pickover & Verne Harris, "Freedom of Information in South Africa: A Far-off Reality?", May 2001, available at http://www.wits.ac.za/saha/foi_reports.htm.
[2398] A 'convention offence' is defined in the Bill schedule as including "interfering with or seizure or exercising control of an aircraft or damaging an aircraft, or murdering or kidnapping an internationally protected person."
[2399] Note of the Editor: on behalf of one party only.