REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
Page 29 of 67
(c)
must state the period within which the archived communicationrelated information must be routed or provided; and
(d)
may specify conditions or restrictions relating to the provision of
archived communication-related information authorised therein.
(6) Section 16 (3) and (7) applies, with the necessary changes, in respect of an
application for, and the issuing of, an archived communication-related direction.
(7) If a judge of a High Court, regional court magistrate or magistrate issues an
archive communication-related direction, he or she must, as soon as practicable
thereafter, submit a copy of the application and archived communication-related direction
concerned to a designated judge.
(8) A designated judge must keep all copies of applications and archived
communication-related directions submitted to him or her in terms of subsection (7), or
cause it to be kept, for a period of at least five years.
20
Amendment or extension of existing direction
(1) The applicant who made the application in respect of an existing direction or, if he
or she is not available, any other applicant who would have been entitled to make that
application, may, at any stage after the issuing of the existing direction concerned, but
before the expiry of the period for which it has been issued, apply to a designated judge
for an amendment thereof or the extension of the period for which it has been issued.
(2) An application referred to in subsection (1) must be in writing and must(a)
contain full particulars of the reasons and circumstances alleged by
the applicant in support of his or her application;
(b)
in the case of an application for the(i)
amendment of an existing direction, indicate the amendment
which is required; or
(ii)
extension of the period for which an existing direction has been
issued, indicate the period for which the extension is required;
(c)
contain an affidavit setting forth the results obtained from the
direction concerned from the date of its issuance up to the date on
which that application is made, or a reasonable explanation of the
failure to obtain such results; and
(d)
comply with any supplementary directives relating to applications for
the amendment or extension of directions issued under section 58.
(3) A designated judge may, upon an application made to him or her in terms of
subsection (1)(a)
amend an existing direction; or
(b)
extend the period for which an existing direction has been issued.
(4) An existing direction may only be amended or the period for which it has been
issued may only be extended if the designated judge concerned is satisfied, on the facts
alleged in the application concerned, that the amendment or extension is necessary for
purposes of achieving the objectives of the direction concerned: Provided that the period
for which an existing direction has been issued may only be extended for a further period
not exceeding three months at a time.
(5) Any amendment of an existing direction or extension of the period for which it has
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009