REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(3) An authorised person who executes a direction or assists with the execution
thereof may intercept, at any place in the Republic, any communication in the course of
its occurrence or transmission to which the direction applies.
(4) If any postal article has been taken in possession in terms of subsection (3), the
authorised person who executes the direction concerned or assists with the execution
thereof(a)
must take proper care of such postal article and may, if the postal
article concerned is perishable, with due regard to the interests of the
persons concerned and with the written approval of the applicant
concerned, dispose of that postal article in such manner as the
circumstances may require;
(b)
(c)
must, with the written approval of the applicant concerned, return
such postal article, if it has not been disposed of in terms of
paragraph (a) , or cause it to be returned to the postal service
provider concerned if, in the opinion of the applicant concerned(i)
no criminal proceedings or civil proceedings as contemplated in
Chapter 5 or 6 of the Prevention of Organised Crime Act, will be
instituted in connection with such postal article; or
(ii)
such postal article will not be required at any such criminal or
civil proceedings for purposes of evidence or for purposes of an
order of court; and
(iii)
such postal article may be returned without prejudice to the
public health or safety, national security or compelling national
economic interests of the Republic, as the case may be; or
may, in circumstances other than those referred to in(i)
paragraph (b) , with the written approval of the applicant
concerned, return such postal article or cause it to be returned
to the postal service provider concerned if such postal article(aa)
(bb)
(ii)
has not been disposed of in terms of paragraph (a) ; and
in the opinion of the applicant concerned, may be
returned without prejudice to the public health or safety,
national security or compelling national economic
interests of the Republic, as the case may be; or
paragraph (a) , on the written instructions of the applicant
concerned dispose of such postal article in such manner as the
public health or safety, national security or compelling national
economic interests of the Republic, as the case may be,
requires, if such postal article-
(aa)
(bb)
27
has not been disposed of in terms of paragraph (a) ; and
in the opinion of the applicant concerned, cannot be
returned in terms of subparagraph (i) without prejudice
to the public health or safety, national security or
compelling national economic interests of the Republic,
as the case may be.
Execution of entry warrant
If an entry warrant has been issued, any authorised person who executes the
interception direction in respect of which that entry warrant has been issued or assists
with the execution thereof may, at any time during which the entry warrant is of force,
without prior notice enter the premises specified in the entry warrant and perform any act
relating to the purpose, referred to in the definition of 'entry warrant', for which the entry
warrant concerned has been issued.
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009