Snowden, Sam Sole, Sutherland and Surveillance

posted in amaBhungane, Bulk surveillance, Freedom of expression, Media law, Musings on Media, National security, Openness, Privacy, Privacy Law, RICA, Surveillance on by

This week, the Pretoria High Court handed down a momentous decision on South Africa’s surveillance laws that made international headlines.  You can read the judgment here: http://www.saflii.org/za/cases/ZAGPPHC/2019/384.html

Indeed, in response to a tweet by Privacy International about the judgment, the best known modern whistleblower in the world, Edward Snowden, tweeted, ‘Wow’.

The decision has – at least for now – outlawed bulk surveillance in South Africa, and also declared a number of provisions in South Africa’s legislation permitting surveillance – known as RICA – unconstitutional.  Next step is the Constitutional Court.

I was lead attorney in the case for the applicants, the investigative journalists at amaBhungane, and Sam Sole, its co-managing director, who was placed under surveillance in 2008 simply for doing his job.  Sam’s take on the case, an excellent read, is available here: https://www.dailymaverick.co.za/article/2019-09-18-analysis-inside-amabhunganes-landmark-ruling-on-surveillance/

Here’s my summary of the case below, which was published in Business Day this week here:   https://www.businesslive.co.za/bd/opinion/2019-09-17-landmark-rica-ruling-impresses-even-ultimate-whistle-blower-edward-snowden/

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ANC Legal Research Group workshop on the Protection of State Information Bill

posted in Media law, National security, Openness, Protection of State Information Bill, Secrecy Bill, Uncategorized on by

On 6 August 2016, the legal research group of the ruling party, the African National Congress, held a workshop  on the Protection of State Information Bill (also known in many quarters as the “Secrecy Bill”).  I was asked to speak at the workshop.  I am optimistic that the criticisms of the Bill will be brought to the attention of the President (as promised by Minister Jeff Radebe).  The outcome of the last workshop on free speech issues which I spoke at last year was the ANC’s support for the repeal of criminal defamation – see my blog here: http://blogs.webberwentzel.com/2015/10/the-timely-demise-of-criminal-defamation-law/.  So there may be some cause to be optimistic. In any event, this was my speech:

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