REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(6) An entry warrant expires when(a)
the period or extended period for which the interception direction
concerned has been issued, lapses; or
(b)
it is cancelled in terms of section 23 (11) or 25 (1) or (2) by the
designated judge who issued it or, if he or she is not available, by any
other designated judge,
whichever occurs first.
(7) Section 16 (7) applies, with the necessary changes, in respect of the issuing of an
entry warrant.
(8) If an entry warrant has expired as contemplated in subsection (6) (a) , the
applicant who made the application in respect of the entry warrant concerned or, if he or
she is not available, any other applicant who would have been entitled to make that
application, must, as soon as practicable after the date of expiry of the entry warrant
concerned, and without applying to a judge for the issuing of a further entry warrant,
remove, or cause to be removed, any interception device which has been installed
thereunder and which, at the date of expiry of that entry warrant, has not yet been
removed from the premises concerned.
23
Oral application for, and issuing of, direction, entry warrant, oral
direction or oral entry warrant
(1) An application referred to in section 16 (1), 17 (1), 18 (1), 21 (1) or 22 (1) may be
made orally by an applicant who is entitled to make such an application if he or she is of
the opinion that it is not reasonably practicable, having regard to the urgency of the case
or the existence of exceptional circumstances, to make a written application.
(2) An oral application referred to in subsection (1) must(a)
contain the information referred to in section 16 (2), 17 (2), 21 (2) or
22 (2), whichever is applicable;
(b)
indicate the particulars of the urgency of the case or the other
exceptional circumstances which, in the opinion of the applicant,
justify the making of an oral application; and
(c)
comply with any supplementary directives relating to oral applications
issued under section 58.
(3) Notwithstanding sections 2 and 12 or anything to the contrary in any other law
contained, a designated judge may, upon an oral application made to him or her in terms
of subsection (1), issue the direction or entry warrant applied for.
(4) A direction or an entry warrant may only be issued under subsection (3)(a)
if the designated judge concerned is satisfied, on the facts alleged in
the oral application concerned, that(i)
there are reasonable grounds to believe that the direction or
entry warrant applied for could be issued;
(ii)
a direction is immediately necessary on a ground referred to in
section 16 (5) (a) , 17 (4) or 21 (4) (a) , whichever is
applicable, or an entry warrant is immediately necessary on a
ground referred to in section 22 (4); and
(iii)
it is not reasonably practicable, having regard to the urgency of
the case or the existence of exceptional circumstances, to make
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