Uwazi

interception under a warrant; (j) the number of criminal proceedings
commenced by the State in which private communications obtained by
interception under a warrant were adduced in evidence and the number of
those proceedings that resulted in a conviction; (k) the number of criminal
investigations in which information obtained as a result of the interception of a
private communication under a warrant was used although the private
communication was not adduced in evidence in criminal proceedings
commenced by the State as a result of the investigations; (l) the number of
prosecutions commenced against persons under sections 6, 7, 8, 17, 19 and 21
and the outcome of those prosecutions; (m) a general assessment of the
importance of interception of private communications for the investigation,
detection, prevention and prosecution of offences in the State; and (n) any other
matter he considers necessary. (2) The Minister shall cause a copy of the report
prepared by him under subsection (1) to be laid before both Houses of
Parliament within one month after its completion.”
4.7. Rights of interception|surveillance subjects|targets;
4.7.1.

There is no notice to a suspect before a warrant for the interception of their
communication is applied for;

4.7.2.

Warrants, and information intercepted may thus be acquired and only
come to the attention of the owner at the point of arrest and or prosecution;

4.7.3.

The law should make provision for a substantive right for persons and
organisations to request service providers periodically to report to them the
number of requests made in respect of their communications;

4.7.4.

In the alternative, and in the same way service providers routinely advise
on matters such as data consumption, call time etc, they should have a
substantive duty to service users to furnish them with periodic reports made
for warrants of interception by state security agents;

4.7.5.

The absence of notice to the data subjects is not only a unilateral violation
of privacy but is likewise a violation of the right to a free and fair trial;

4.7.6.

As observed by Sutherland J in the Amabhungane Centre for Investigative
Journalism NPC case at page 17ff