The state will now have to inform people if they were spied on

has been declared unconstitutional by the high court in Pretoria as it does not lay out any procedures for notifying a person whose communication is being intercepted.The court further declared that mass surveillance activities and the interception of foreign signals by the National Communications Centre was “unlawful and invalid”.

Sutherland ruled, however, that while the legislation was amended, an applicant that obtained interception direction will have to notify the person who was the subject of that interception in writing, within 90 days of its expiry, that the person was the subject of it. If the orders of deferral of notification amounted to three years after the surveillance has ended, the application for any further deferral must be made before a panel of three judges.

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