REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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application also apply for the issuing of an entry warrant; 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 an entry warrant.
(2) Subject to section 23 (1), an application referred to in subsection (1) must be in
writing and must(a)
indicate the-
(b)
(i)
identity of the applicant;
(ii)
premises in respect of which the entry warrant is required to be
issued; and
(iii)
specific purpose, referred to in the definition of 'entry warrant',
for which the application is made;
if the application is made in terms of subsection (1) (b) , also contain(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;
(c)
indicate whether any previous application has been made for the
issuing of an entry warrant for the same purpose or in respect of the
same premises specified in the application and, if such previous
application exists, must indicate the current status of that application;
and
(d)
comply with any supplementary directives relating to applications for
entry warrants issued under section 58.
(3) A designated judge may, upon an application made to him or her in terms of
subsection (1), issue an entry warrant.
(4) An entry warrant may only be issued if the designated judge concerned is satisfied,
on the facts alleged in the application concerned, that(a)
the entry of the premises concerned is necessary for a purpose
referred to in the definition of 'entry warrant'; or
(b)
there are reasonable grounds to believe that it would be impracticable
to intercept a communication under the interception direction
concerned otherwise than by the use of an interception device
installed on the premises.
(5) An entry warrant(a)
must be in writing;
(b)
must contain the information referred to in subsection (2) (a) (ii) and
(iii); and
(c)
may contain conditions or restrictions relating to the entry upon the
premises concerned as the designated judge deems necessary.
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