The African Transformation Movement (ATM) has stated that it supports stronger intelligence laws but has warned against violating privacy and press freedom.
The party raised concerns after the State Security Agency (SSA) defended expanded surveillance powers before parliament’s justice and constitutional development committee recently.
ATM insists that national security should not justify excessive spying without oversight or clear justification.
“We firmly assert that any interception of communications must be conducted with clear and tangible justifications,” ATM national spokesperson Zama Ntshona told Sunday World during an interview on Tuesday.
The party fears that broad surveillance powers could suppress freedoms under the guise of protecting national security.
“The ATM emphasises that the intent behind this bill should not suppress the essential freedoms that form the foundation of our democracy,” said Ntshona.
ATM is not part of the parliamentary committee but spoke to Sunday World on the sidelines as a party in parliament.
Under the proposed legal framework, intelligence officials require a designated judge to approve any interception of communications.
The Regulation of Interception of Communications and Provision of Communication-Related Information Bill mandates that individuals subjected to surveillance must be notified within 90 days after an operation ends.
However, SSA wants this period extended indefinitely, allowing surveillance targets to remain unaware for years — or permanently — if authorities deem the case sensitive.
Spy agencies could be compromised
During their presentation, SSA officials argued that indefinite delays in notifying surveillance targets were necessary for national security.
They told MPs that disclosing surveillance operations even years later could jeopardise ongoing intelligence efforts and expose counter-terrorism strategies.
SSA further claimed that foreign spy agencies cooperating with South Africa could be compromised if post-surveillance notification rules were too strict.
However, MPs questioned the agency’s vague definitions and lack of sufficient oversight mechanisms.
SSA also cited a past legal victory to justify tighter controls on information leaks.
Officials reminded MPs that in 2008, the agency successfully interdicted local publisher Arena’s publications Business Day and Financial Mail from publishing classified information.
The SSA argued that such cases demonstrated the necessity of strong intelligence protections to prevent state secrets from being exposed.
ATM stressed that journalists must work without fear of state surveillance affecting their investigations.
Laws must not target political opponents
“It is imperative that journalists, who act as the watchdogs of society, can perform their duties without the looming threat of surveillance that could hinder their investigative efforts,” Ntshona added.
MPs have also questioned SSA’s push to indefinitely delay notifying surveillance targets, potentially enabling political repression.
ATM believes some cases may require withholding surveillance notifications, but only under strict oversight.
“In cases involving individuals with flight risk or those deemed dangerous, we advocate for the issuance of withholding notices,” said Ntshona.
The party warns that intelligence laws must not be used to target political opponents or whistleblowers.
“Any authorization to intercept communications should be based on legitimate and clearly defined parameters that respect privacy rights and prevent arbitrary actions,” Ntshona insisted.
Independent oversight mechanisms
ATM supports having independent judges oversee surveillance requests but demands full transparency to prevent abuse.
“We advocate for establishing independent oversight mechanisms to ensure that powers granted under this bill are exercised judiciously,” said Ntshona.
The party urged parliament to prioritise constitutional rights while ensuring national security remains intact.
“The ATM calls upon lawmakers to prioritise the protection of civil liberties while ensuring national security,” said Ntshona.
“We advocate for a legal framework that supports effective intelligence operations while simultaneously protecting the rights of individuals and the press.”
