What is it?
Regulation of Interception of Communication Act was passed in 2009 by South Africa’s parliament, as a crime-prevention measure.
“It’s a necessary law for South Africa,” Bapela said. “We want to ensure that every citizen communicates in a safe environment, and that they are protected.”
As a general rule, RICA prohibits the interception and monitoring of direct and indirect communications. However, there are certain exceptions, including where the interception and monitoring takes place with the consent of the parties involved or where it is carried out by law enforcement personnel in certain circumstances. RICA assists the investigation, detection and prevention of crime by law enforcement officers and agencies.
The schedule to RICA lists the different kinds of crimes the Act aims to combat which include, amongst others, high treason, sedition, fraud and money laundering. RICA sets out circumstances under which law enforcement personnel may apply to a designated Judge of a High Court for an interception and monitoring direction and entry warrants, and the manner in which such directions and entry warrants are to be executed. When RICA came into effect, it repealed the Monitoring Prohibition Act, 1992. from polity.org.za
Most of us at some time or another have run foul of RICA, having it take ages to simply buy a SIM card.
Good Intentions
RICA was designed to assist police in reducing crime and in boosting their crime fighting capacity. In reality what has it done? Has all the fuss and immense cost actually had any real benefit in relation to the downsides.
I can’t see any regulation actually having an impact on crime, purely because criminals by definition pay no attention to regulation. Therefore regulation only real impact is on law abiding citizens which tends to mess with freedoms and rights.
Regulations are guidelines to actions that need to be taken, they can never actually on their own achieve any result. If they could we could just regulate stupidity out the door.
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• Busiswa Mlandu
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http://www.polity.org.za/article/what-is-rica-2013-08-23