Durban - Crime experts say there would need to be greater civilian oversight if Parliament approves Minister of Police Bheki Cele’s request to allow police to intercept communication and purchase and possess surveillance equipment.
Cele’s request to Parliament has been bolstered by a letter from Justice Minister Ronald Lamola detailing the certificate of exemption to Section 46 of the Regulation of Interception of Communications and Provision of Communication-Related Information (Rica) Act and a positive report by the Portfolio Committee on Justice and Correctional Services.
These have been submitted to the National Assembly for approval.
Cele said the granting of the exemption would be in the public interest and was necessary to investigate, combat and prevent serious crimes.
Experts who raised concerns point to the report by a 10-person review panel, headed by Sydney Mufamadi, that found widespread abuse of the intelligence services and that they were being used to fight ANC factional battles.
They said that findings from the Zondo Commission, which found the State Security Agency was integral to the capture of the state by corrupt elements, also highlighted the current dysfunctionality of intelligence services.
Gareth Newham of the Institute for Security Studies said this type of intelligence gathering could be a powerful tool for the SAPS if used effectively and correctly in targeting organised crime.
“What is significant is the oversight that is necessary to make sure it does not get misused.”
Newham said going into an election year, political opponents in the ANC and outside would want to know that the challenges of the past had been addressed and legislation was introduced that provided for greater oversight into the workings of the spy agencies.
Karam Singh, executive director of Corruption Watch, said they would not object to police acquiring equipment to assist in investigations that respected the privacy rights guaranteed by the Constitution.
“As long as it is used within the framework of a rights-based system and not used in an abusive way to spy on private citizens. It must be done in a justifiable way,” Singh said.
KZN violence monitor Mary de Haas said police were already conducting illegal surveillance and there were concerns that the country “was going down the police-state road”.
“It is a concern that police want greater surveillance powers ahead of next year’s national elections. That is why legislation needs to be passed for greater civilian oversight,” she said.
Political analyst Professor Bheki Mngomezulu said it was a cause for concern as intelligence services were already in existence and they were responsible for internal and external intelligence.
“They have their own process and the police minister can make use of their services. Police should not be able to check people’s phones willy nilly.
“It is understood if they are targeting certain individuals who are suspected criminals but even then there are conditions attached,” said Mngomezulu.
He said there are concerns about the political agenda behind the request, especially ahead of next year’s elections.
The police ministry’s submissions are made in terms of the Rica Act, which states that listed equipment is only used to intercept communications in accordance with the provisions of Rica. The exemption is if it is deemed to be in the public interest.