DIS applications to intercept phones overwhelm courts-claim

ISAIAH MOREWAGAE
Staff Writer | Wednesday May 19, 2010 00:00

 

Ntlhomiwa said some of the applications are made at magistrate's courts thus making it difficult to tally the numbers. 

Information reaching Mmegi however indicates that applications for interceptions from the DIS are overwhelming many courts in the country. Mmegi had sought to establish the total number of these applications, how many were granted, how many were turned down and what the reasons for turning the applications down were?

Minister of Defence, Justice and Security, Ramadeluka Seretse has consistently denied that law enforcement agenciesare spying on members of the public.

Nthomiwa explained that the law provides that in the event the DIS wishes to conduct an investigation of a personal or intrusive nature, such as searches or interception of postal mail, electronic mail, computer or telephonic communications, the director general or an officer or support staff authorised by him or her shall show cause to a court of a senior magistrate or above or a judge of the High Court and obtain an order in a secret hearing. He could not also shed light on the number of applications obtained for an order to secretly intercept communication, as he did not have records of applications made before the High Court and magistrate courts.

Section 22 (4) of Directorate of Intelligence and Security Act provides that 'court mentioned in subsection (1) may, on application made by the Director General or an officer or support staff authorised by him or her to do so, issue a warrant under this section authorising the taking of such action as may be specified in the warrant in respect of anything so specified if the court considers it necessary for that action to be taken in order to obtain information which - (a) is likely to be of substantial value to the Directorate in the discharge of its functions; and (b) cannot be reasonably obtained through other means: Provided that in the event the directorate wishes to conduct an investigation of a personal or intrusive nature such as searches or interception of postal mail, electronic mail, computer or telephonic communications, the Director General or an officer or support staff authorised by him or her shall show cause to a court of Senior Magistrate or above or a Judge of the High Court and obtain an order in a secret hearing'.