REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
(b)
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only a designated judge may issue an archived communication-related
direction under subsection (3) (a) .
19
Application for, and issuing of, archived communication-related
direction
(1) If only archived communication-related information is required, an applicant may
apply to a judge of a High Court, a regional court magistrate or a magistrate for the
issuing of an archived communication-related direction.
(2) An application referred to in subsection (1) must be in writing and must(a)
contain, with the necessary changes, the information referred to in
section 17 (2); and
(b)
comply with any supplementary directives relating to applications for
archived communication-related directions issued under section 58.
(3) Notwithstanding section 12 or anything to the contrary in any other law contained,
a judge of a High Court, a regional court magistrate or a magistrate may, upon an
application made to him or her in terms of subsection (1), issue an archived
communication-related direction.
(4) An archived communication-related direction may only be issued if it appears to
the judge of a High Court, regional court magistrate or magistrate concerned, on the
facts alleged in the application concerned, that there are reasonable grounds to believe
that(a)
a serious offence has been or is being or will probably be committed;
(b)
the gathering of information concerning an actual threat to the public
health or safety, national security or compelling national economic
interests of the Republic is necessary;
(c)
the gathering of information concerning a potential threat to the public
health or safety or national security of the Republic is necessary;
(d)
the making of a request for the provision, or the provision to the
competent authorities of a country or territory outside the Republic, of
any assistance in connection with, or in the form of, the interception
of communications relating to organised crime or any offence relating
to terrorism or the gathering of information relating to organised
crime or terrorism, is in-
(e)
(i)
accordance with an international mutual assistance agreement;
or
(ii)
the interests of the Republic's international relations or
obligations; or
the gathering of information concerning property which is or could
probably be an instrumentality of a serious offence or is or could
probably be the proceeds of unlawful activities is necessary,
and that the provision of archived communication-related information is necessary for
purposes of investigating such offence or gathering such information.
(5) An archived communication-related direction(a)
must be in writing;
(b)
must contain the information referred to in section 17 (2) (a) (ii) and
(iii), (d) (i) and (e) ;
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