(25)

The 2018 report by Right
to Know on Surveillance of
Journalists in South Africa
details about 12 cases of
surveillance, interception of
communications and illegal
accessing of call records by
private
investigators
and
the State. This has been
conducted through the criminal
intelligence
system,
which
carried out surveillance on
journalists that were working
on various cases, including
those on public corruption. (26)
More recently, in March
2021, investigative journalist
Jeff Wick was reported to
be under illegal surveillance
and his communication was
intercepted by the police’s
crime intelligence in their
attempt to determine his
sources behind the News24
coverage of issues happening
within police management. (27)
Of
note,
however,
was
the landmark ruling by the
South African Constitutional
Court in a case involving the
AmaBhungane
Centre
for
Investigative Journalism and
Sam Sole, a journalist, whose
communication
was
being
monitored and intercepted,
against the Minister of Justice
and Correctional Services and
others.
In
this
case,
the
court
declared
that
the
Regulation of Interception of
Communications Act (2021),
RICA is unconstitutional on the
basis that it fails to:
(a) provide for safeguards to
ensure that a judge designated
for purposes of a warrant of
interception
is
sufficiently
independent;
(b) provide for notifying the
subject of surveillance of the
fact of her or his surveillance
as soon as notification can be
given without jeopardising
the purpose of surveillance
after surveillance has been
terminated;
(c)
adequately
provide

Zimbabwean President Emmerson Mnangagwa
CREDIT: NewsDay

safeguards to address the fact
that interception directions are
sought and obtained ex parte;
(d)
adequately
prescribe
procedures to ensure that
data obtained pursuant to the
interception of communications
is managed lawfully and
not used or interfered with
unlawfully, including prescribing
procedures to be followed for
examining, copying, sharing,
sorting through, using, storing
or destroying the data; and
(e)
providing
adequate
safeguards where the subject
of surveillance is a practising
lawyer or journalist.
This
judgment
protects
journalists and their sources
from
surveillance
abuses
and
also
confirmed
that
bulk or mass interception of
ordinary citizens’ data and
communication is illegal. (28)
This was a win for media
practitioners in South Africa
and highlighted the need to
push for the repeal and or
amendment of the Act.

Zimbabwe
In Zimbabwe, in November
2017, the police raided offices
of Magamba Network, a civil
society
organisation
made
up of journalists and content
creators, where they seized
devices belonging to the
organisation such as laptops
and printers on allegations
of attempting to subvert

a
constitutionally
government.

elected

More recently, from 2020 to
date, several indications and
attempts at mass surveillance
have been noted, pointing to
the possibility that journalists
have not been spared in such
blanket surveillance.
In March 2020, the then army
commander Edzai Chimonyo
said the security forces would
start snooping into private
communications
between
citizens to ‘guard against
subversion’ and claimed that
the use of social media posed
a threat to national security. (29)
In October 2020, President
Emmerson
Mnangagwa
addressed chairpersons of Zanu
PF’s provincial women, youth
and war veterans wings at
the ruling party headquarters,
where
he
revealed
that
through the use of ICTs, the
government had the capacity
and was tracking the locations
of certain individuals and their
communication details. (30)
The above clearly highlights
the depth of surveillance
in Zimbabwe in addition to
the aforementioned reports
implicating the government
in the use of cyberespionage
tools. (31)
Further,
the
numerous
arrests of prominent freelance
journalist Hopewell Chin’ono
between 2020 and 2021
also indicated elements of

STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 15

corruption.

Select target paragraph3