Statement on the High Court decision on signal jamming incident

29 May 2015

The Ministry of State Security welcomes the Western Cape High Court decision dismissing an application by Primedia and other organisations which sought an order prohibiting the use of signal jamming devices in Parliament by the State Security Agency (SSA).

The applicants had argued that the use of jamming devices was ‘irrational, unlawful and unconstitutional’. Their conduct sought to infringe on operational mandates of SSA and its ability to conduct its work.

The court’s decision reaffirms the Agency’s legal position that in terms of its mandate and legislative provisions, it can own and deploy various devices to counter certain threats in major national and international events, activities and occasions to ensure maximum security.

The court found that the Agency’s conduct was not unlawful and unconstitutional.

Minister Mahlobo wishes to reiterate that the Agency will continue to work within the constitutional and legal framework and that human rights and national security are not mutually exclusive but mutually reinforcing.

Lastly, the Ministry will continue its outreach and stakeholder engagement programme, building mutually beneficial partnerships in the quest to ensure that together we can make our country safe and secure. To this end, the Ministry will seek an audience with Sanef.

Statement issued by Brian Dube, Ministry of State Security, May 29 2015