Motives of Gupta e-mails smell fishy
WHAT are the legal implications, ramifications, repercussions and consequences regarding the recently leaked Guptas electronic mails fiasco?
This looks like work done by hackers (speculation) and on the other hand, “data stealing” is a criminal offence (logic and common sense).
These leaks could also have been part of the ANC’s internal power contestation battles involving rogue factions. It has happened before.
The fact of the matter is that “illegally obtained evidence is not admissible in a court of law”. That type of evidence is considered to be inadmissible, irrelevant, irrational, invalid, illegal, unlawful and unconstitutional.
What were the motives and intentions of hacking into those servers and retrieving such confidential and private information?
What does the South African Law of Evidence say regarding such type of evidence, especially private privileges?
Is it really necessary to prove their authenticity if they were illegally obtained? What about authorised and approved search-and-seizure warrants from judges? What does the Computer Evidence Amendment Act say?
What about Law of Evidence Amendment Act? Wasn’t the Electronic Communications and Transactions Act compromised? Any contraventions of the Criminal Procedures Act?
Contraventions of the Regulation of Interception of Communications and Provision of Communication-related Information Act? Will the upcoming Cyber Crime and Cyber Security Bill/Act, combat such illegal and criminal activities?
Can these scenarios of “stealing data from unauthorised computers using spying softwares and remote access tools”, be regarded as acts of espionage and treason?
I’m not going to entertain Julian Assange’s, Chelsea Manning’s and Edward Snowden’s
Illegally obtained evidence is not admissible …
The problem is that the Guptas, the Zumas and other people implicated in those hacked electronic mails are blacks, will they blame and use “white monopoly capital” as a scapegoat?
This will now become a racism and supremacist issue instead of the “state capture” case in hand. The bone of contention is if this could have been exposure of the ANC-led government’s “massive illegal surveillance” on the citizenry.
Chief Justice Mogoeng Mogoeng once said that “the rule of law is the cornerstone of our constitutional democracy”. Was the country’s constitution violated? Sebokeng