'But for the Nicety of Knocking and Requesting a Right of Entry': Surveillance Law and Privacy Rights in South Africa

Abstract

As communications tools expand beyond that of the traditional fixed line telephone, so too do the tools for monitoring those communications. Fuelled by dual needs to protect the privacy rights of individuals, as well as monitor the activities of criminals using the communications networks, governments around the world are toning their surveillance laws in accordance with technological developments and constitutional necessity. In the South African context, the clash of rights inherent in this activity warrants an examination of the continued constitutional status of the Interception and Monitoring Prohibition Act of 1992, in light of recent proposals by the Law Commission to amend its provisions. It is argued that whilst the target of such a law justifies its existence, the reach of its ambit potentially displaces its ongoing constitutional validity.