Interception bill raises hackles

2001-08-22 21:09

Cape Town - Parliament has been flooded by objections from civic organisations, companies and thousands of members of the public to draft legislation aimed at giving the state increased powers to intercept private communications.

A common theme among objectors to the draft Interception and Monitoring Bill is that it abrogates sections of the Constitution's Bill of Rights.

Section 14 (d) of the Constitution states that "everyone has the right to privacy, which includes the right not to have the privacy of their communications infringed".

Section 35 (5) stipulates that "evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice".

The objections were tabled on Wednesday in three thick volumes of submissions at a meeting of Parliament's justice and constitutional development portfolio committee, which is to hold public hearings on the proposed measure next week.

In June, Cabinet approved the legislation that will, among other things, allow the bugging of cellphones.

The bill would replace previous legislation to bring it in line with the latest telecommunications technology, government spokesperson Joel Netshitenzhe said after the June Cabinet meeting.

It was hoped the measure would help in the fight against crime, as telecommunications was increasingly being used by organised crime, and in heists and other serious violent crimes.

However, the implementation of the legislation would require the co-operation of cellphone companies such as Vodacom and MTN, Netshitenzhe said.

Among the objections tabled on Wednesday was a list of just under 7 000 individuals stating that "while it is understood that monitoring of certain forms of communications is necessary in unusual circumstances, as in the case of serious offences, we feel it is important to have clarity regarding the intentions of such a bill".

"We feel that monitoring of a private individual's communications is an invasion of privacy, and, as such, is unconstitutional."

While the South African Police Services have welcomed the measure "as urgently needed to combat organised crime effectively", other objectors, to varying degrees, include internet companies; cellphone companies; the SA Institute of Race Relations; the Freedom of Expression Institute; the South African National Editors' Forum; and the South African Chamber of Business.

The Free Market Foundation says "the most disturbing aspect of this proposed legislation is that it builds on and strengthens a type of legislation adopted by the apartheid government to monitor the opponents of apartheid".

- SAPA