REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(iii)
designated judge is satisfied that sufficient proof has been
submitted; and
(iv)
interception direction authorises the interception only for such
time as it is reasonable to presume that the customer identified
in the application is or was reasonably close to the instrument
through which such communication will be or was transmitted.
(9) The interception of a communication under an interception direction to which the
requirements of subsections (2) (d) (i) (aa) and (5) (b) (ii) do not apply by reason of
subsection (8) (a) may not take place until the place at which the communication is to be
intercepted is determined by the authorised person who executes the interception
direction concerned or assists with the execution thereof.
(10) (a) A telecommunication service provider to whom an interception direction
referred to in subsection (8) (b) is addressed, may in writing apply to a designated judge
for an amendment or the cancellation of the interception direction concerned on the
ground that his or her assistance with respect to the interception of the indirect
communication cannot be performed in a timely or reasonable fashion.
(b) A designated judge to whom an application is made in terms of paragraph (a)
must, as soon as possible after receipt thereof(i)
inform the applicant concerned of that application; and
(ii)
consider and give a decision in respect of the application.
17
Application for, and issuing of, real-time communication-related
direction
(1) If no interception direction has been issued and only real-time communicationrelated information on an ongoing basis is required, an applicant may apply to a
designated judge for the issuing of a real-time communication-related direction.
(2) Subject to section 23 (1), an application referred to in subsection (1) must be in
writing and must(a)
indicate the identity of the(i)
applicant;
(ii)
customer, if known, in respect of whom the real-time
communication-related information is required; and
(iii)
telecommunication service provider to whom the real-time
communication-related direction must be addressed;
(b)
specify the ground referred to in subsection (4) on which the
application is made;
(c)
contain full particulars of all the facts and circumstances alleged by the
applicant in support of his or her application;
(d)
include-
(e)
(i)
a description of the type of real-time communication-related
information that is required; and
(ii)
the basis for believing that evidence relating to the ground on
which the application is made will be obtained through the
provision of the real-time communication-related information;
indicate whether the real-time communication-related information
must be-
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