CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

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EVENTS

STATEMENT BY THE FW DE KLERK FOUNDATION ON THE PLIGHT OF THE ROHINGYA IN MYANMAR

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The FW de Klerk Foundation, with the full support of its founder, Nobel Peace Laureate and former South African President, FW de Klerk, calls on all parties in the Myanmar conflict to show restraint and wisdom in managing and trying to resolve what is fast become a globally recognised humanitarian crisis. When tens of thousands of people (some say hundreds of thousands) flee a country, whether it is to get away from “the violence” or from “the army”, it is reason for a government to pause and ask what should be done urgently.  What we and the rest of the international community see is that ordinary people are hurt the most.

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ARTICLE: THE CYBERCRIMES AND CYBERSECURITY BILL

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Part 2 – Failing to address legislative shortcomings on the State’s surveillance powers

The words “surveillance of communication”, “interception orders” and “national security” in the age of modern technology cause a sense of distrust, especially in a volatile democracy such as South Africa with its apartheid history of secrecy.

Most South Africans are aware that they are required to register their SIM card in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA). However, one wonders how many are aware of the RICA procedure, which allows the State to intercept an individual’s communications. It would be naïve to believe surveillance laws do not impact on ordinary law-abiding citizens and only concern the fighting of “terrorists” who pose a “national threat”. A case in point is the recent conviction of a Crime Intelligence Official who was found guilty of spying on two Sunday Times journalists in 2010 by supplying false names in the interception application.

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CONSTITUTIONAL ISSUES