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LCR4803 Media law assignment 2.
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LCR4803 Media law assignment 2.
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LCR4803 Media lawassignment 2.
, Name: Ntwanano Duduzile Chabalala
Student number: 60960574
Assignment no: 2
Module: Media Law
Due date: 04 May 2022
Question 1
The previous position in relation to section 2 (1) of the law on the ban on intercept and
surveillance 127 of 1992 ("Impa"), which was lifted by Rica, was as follows:
"2 (1) No staff may: (A ) Consistent and without the knowledge or approval of the
dispatcher, communication that should or is on a telecommunications line on a
telecommunications line are or is intentionally transferred to a conversation or
communication through conversation or communication or intentionally monitored or
intentionally monitored . Communication via a surveillance device to collect confidential
information about the person, organism or organization. "However, there is Certain
exceptions in which the court can prove that certain communication is intercepted. This
includes the following: "(a) a certain post article or a certain communication that is to or
is to be transferred by telecommunications on a telecommunications line by phone or in
any other way ...;
(b) All post items to or by a person, a body or organization or all communication that
should or should be transferred on a telecommunications line, on or by a person, a
corporation or an organization, by telephone or otherwise. whether a
telecommunications line is used to carry out these conversations or to transfer this
communication or not ..
(c) All post items to or by a person, a corporation or organization or all communication
that should or should be transferred on a telecommunications line, direction or by a
person, a body or an organization by telephone or in any other way Or should be
transferred in any other way ...; either (c) Talks for or or communication with or from a
person, corporation or organization, regardless of whether a telecommunications line is
used to carry out these conversations or to transfer this communication or not ... " In
addition, it was argued in Lenco Holdings against Ekstein 1996 (2) SA 693 (s) that the
court in civil law proceedings had the discretion of excluding the evidence obtained by
criminal law or being received incorrectly in any other way. In view of the same facts,
although the behavior of XS in relation to section 8 of the IMP would have been
promoted to a crime, the court would still have a discretion with regard to the
admissibility of the adhesive tape recording. This legal discretion was developed in the
pre -constitutional age, but has a constitutional basis, since section 34 of the
constitution of the Republic of South Africa from 1996 ("Das Constitution") determines
that everyone has the right to a fair civil procedure. This principle in connection with the
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