REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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concerned fails to comply with section 23 (4) (b) or (8) (b) .
(3) If a designated judge cancels(a)
a direction or an entry warrant;
(b)
a direction or an entry warrant issued under section 23 (3); or
(c)
an oral direction or oral entry warrant,
in terms of subsection (1) or (2), he or she must forthwith in writing inform(i)
the applicant concerned; and
(ii)
if applicable, the postal service provider, telecommunication service
provider or decryption key holder concerned,
of such cancellation.
(4) If an entry warrant or oral entry warrant is cancelled in terms of subsection (1) or
(2), the applicant concerned must, as soon as practicable after having been informed of
such cancellation, remove, or cause to be removed, any interception device which has
been installed under the entry warrant or oral entry warrant concerned.
(5) If a direction issued under section 23 (3) or an oral direction is cancelled in terms
of subsection (2)(a)
the contents of any communication intercepted under that direction or
oral direction will be inadmissible as evidence in any criminal
proceedings or civil proceedings as contemplated in Chapter 5 or 6 of
the Prevention of Organised Crime Act, unless the court is of the
opinion that the admission of such evidence would not render the trial
unfair or otherwise be detrimental to the administration of justice; or
(b)
any postal article that was taken into possession under that direction
or oral direction must be dealt with in accordance with section 26 (4).
CHAPTER 4
EXECUTION OF DIRECTIONS AND ENTRY WARRANTS (ss 26-29)
26
Execution of direction
(1) (a) If a direction has been issued under this Act, any(i)
law enforcement officer may execute that direction; or
(ii)
law enforcement officer or other person may assist with the execution
thereof,
if the law enforcement officer or person concerned has been authorised by the applicant
who made the application for the issuing of the direction concerned to execute that
direction or to assist with the execution thereof.
(b) A direction issued under this Act upon an application made by an applicant referred
to in paragraph (f) of the definition of 'applicant' may only be executed by a law
enforcement officer authorised thereto in writing by the applicant concerned, after
consultation with the National Commissioner, if that law enforcement officer is a member
of the Police Service, or the National Director, if that law enforcement officer is a member
of the Directorate or of any component referred to in paragraph (e) of the definition of
'law enforcement agency'.
(2) The applicant concerned may authorise such number of authorised persons to
assist with the execution of the direction as he or she deems necessary.
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009