Legislative Delay for Protection of State Information and RICA Amendment Bills

Posted 31 December 2025 Written by Acts Online
Category Justice and Constitutional Development

Brought to you by SA Legal Academy: The National Assembly’s Justice & Constitutional Development Committee has not met for several months to deliberate on the twice-remitted Protection of State Information Bill and the Regulation of Interception of Communications & Provision of Communication-related Information Amendment Bill.

In terms of the Protection of State Information Bill [B 6B-2010], the legislation was revived in July 2024 after lapsing at the end of the sixth Parliament. The Bill seeks to create a framework for the protection of state information and the classification and declassification of sensitive data. In May 2025, the Constitutional & Legal Services Office (CLSO) briefed the committee on President Cyril Ramaphosa’s reservations regarding the Bill’s constitutionality. The CLSO identified merit in the President’s concerns regarding:

  • The definition of ‘state information’;
  • The scope of classification powers; and
  • The absence of a public interest override for certain offences.

RICA Amendment Bill Status

The Regulation of Interception of Communications & Provision of Communication-related Information Amendment Bill [B 28B-2023] was remitted in November 2024. The primary objective of the Bill is to align the Regulation of Interception of Communications & Provision of Communication-related Information Act, No. 70 of 2002 with the February 2021 Constitutional Court ruling in AmaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others.

Following the expiration of the 36-month period granted by the Court to remedy defects in the principal Act, the President approached the Constitutional Court in January 2025. In July 2025, the Court reinstated interim measures to ensure the operability of the statute while the legislative process remains incomplete. The committee has not formally deliberated on the ‘B’ version of the Bill since March 2025.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations at this stage; however, professionals should monitor the ‘public interest override’ debate in the Secrecy Bill as it may affect future whistleblower protections.
  • For your business: Telecommunications providers and firms subject to interception warrants must continue to operate under the interim measures reinstated by the Constitutional Court in July 2025 until the RICA Amendment Bill is finalised.
  • For your clients: Clients in the media, security, or data-heavy sectors face prolonged legal uncertainty regarding the classification of state data and the specific procedural requirements for lawful communication interception.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight-secrecy-and-rica-amendment-bills

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