REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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a written application for the issuing of the direction or entry warrant applied
for; and
(b)
on condition that the applicant concerned must submit a written
application to the designated judge concerned within 48 hours after
the issuing of the direction or entry warrant under subsection (3).
(5) A direction or entry warrant issued under subsection (3) must be in writing.
(6) Section 16 (5) (b) and (c) , (6) and (7), 17 (5) and (6), 21 (4) (b) , (5) and (6) or
22 (5), (6), (7) and (8), whichever is applicable, applies, with the necessary changes, in
respect of the issuing of a direction or an entry warrant under subsection (3).
(7) Notwithstanding subsection (5), a designated judge may, upon an oral application
made to him or her in terms of subsection (1), orally issue the direction or entry warrant
applied for.
(8) An oral direction or oral entry warrant may only be issued under subsection (7)(a)
if the designated judge concerned is satisfied, on the facts alleged in
the oral application concerned, that-
(b)
(i)
it is not reasonably practicable, having regard to the urgency of
the case or the existence of exceptional circumstances to issue
the direction or entry warrant applied for in writing; or
(ii)
any other exceptional circumstances exist which justify the
issuing of an oral direction or oral entry warrant; and
on condition that the applicant concerned must submit a written
application to the designated judge concerned within 48 hours after
the issuing of the oral direction or oral entry warrant under subsection
(7).
(9) Section 16 (5) (b) and (c) , (6) (b) , (c) and (d) and (7), 17 (5) (b) , (c) and (d)
and (6), 21 (4) (b) , (5) (b) , (c) , (d) and (e) and (6) or 22 (5) (b) and (c) , (6), (7) and
(8), applies, with the necessary changes, in respect of the issuing of an oral direction or
oral entry warrant under subsection (7).
(10) A designated judge who issues an oral direction or oral entry warrant under
subsection (7) must(a)
immediately after the issuing thereof, inform the applicant and, if
applicable, the postal service provider or telecommunication service
provider to whom it is addressed, orally of such an oral direction or
oral entry warrant, including the-
(b)
(i)
contents thereof; and
(ii)
period for which it has been issued; and
confirm that oral direction or oral entry warrant in writing within 12
hours after the issuing thereof.
(11) A designated judge who issued(a)
a direction or an entry warrant under subsection (3); or
(b)
an oral direction or oral entry warrant under subsection (7),
or, if he or she is not available, any other designated judge who would have been entitled
to issue such direction, entry warrant, oral direction or oral entry warrant must, upon
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