REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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been issued, must be in writing.
(6) Section 16 (7) applies, with the necessary changes, in respect of the amendment
of an existing direction or the extension of the period for which an existing direction has
been issued.
21
Application for, and issuing of, decryption direction
(1) An applicant who(a)
makes an application referred to in section 16 (1) may in his or her
application also apply for the issuing of a decryption direction; or
(b)
made an application referred to in section 16 (1) 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
interception direction in respect of which such an application was
made, but before the expiry of the period or extended period for
which it has been issued, apply to a designated judge for the issuing
of a decryption 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 decryption of
encrypted information is required; and
(iii)
decryption key holder to whom the decryption direction must be
addressed;
(b)
describe the encrypted information which is required to be decrypted;
(c)
specify the(i)
decryption key, if known, which must be disclosed; or
(ii)
decryption assistance which must be provided, and the form and
manner in which it must be provided;
(d)
indicate the period for which the decryption direction is required to be
issued;
(e)
indicate whether any previous application has been made for the
issuing of a decryption direction in respect of the same customer or
encrypted information specified in the application and, if such
previous application exists, must indicate the current status of that
application;
(f)
if the application is made in terms of subsection (1) (b) , also contain-
(g)
(i)
proof that an interception direction has been issued; and
(ii)
an affidavit setting forth the results obtained from the
interception 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
comply with any supplementary directives relating to applications for
decryption directions issued under section 58.
(3) A designated judge may, upon an application made to him or her in terms of
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