ACDP Calls for a Cautious Approach to the Interception and Monitoring Bill

Steve Swart MP - ACDP

Thursday, 30 August 2001


African Christian Democratic Party MP and member of the Justice and
Constitutional Development Portfolio Committee, Steve Swart, has issued
a note of caution on the Interception and Monitoring Bill, during the
public hearings in the Portfolio Committee into the Bill.

Whilst admitting that state agencies may require access to private
communications, particularly in the fight against organized crime, Mr.
Swart stated that any measure which infringes upon a constitutional
right must be approached with caution.

Mr. Swart stated that the interception and monitoring of communications
would be highly invasive and an intrusion of the right to privacy as
contained in Section 14 of the National Constitution. In the light of
the intrusion, it is necessary that judicial scrutiny and approval is
required.

Mr. Swart said, "The Bill as presently formulated does not provide for
the obtaining of a court order when requesting historical call-related
information. The ACDP will support amendments to the Bill which require
court orders when state agencies request historical call-related
information."

This approach he said, would ensure that the correct balance is achieved
by the need to obtain information for the purposes of combating
(especially) organized crime, and the need to protect the individual's
rights to privacy. Mr. Swart said that it would also reduce the
possibility of the abuse of powers afforded by the Bill.

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For more information please call Steve Swart MP at 083 285 6290 or ACDP
Media Liaison Liza Lambert at 082 478 1037