REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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next ensuing ordinary session.
(c) If the National Assembly rejects such a certificate, the Minister may table an
amended certificate in the National Assembly.
(d) If the Minister tables an amended certificate and the National Assembly(i)
approves the amended certificate, the Minister must publish that certificate
in terms of subsection (3) (b) (i) within one month of the National
Assembly's approval; or
(ii)
rejects the amended certificate within two months after it has been tabled, if
Parliament is then in ordinary session, or, if Parliament is not then in
ordinary session, within 14 days after the commencement of its next ensuing
ordinary session, paragraph (c) and this paragraph apply.
(e) If the National Assembly does not reject a certificate as contemplated in paragraph
(b) or (d) (ii)(i)
such certificate will be deemed to have been approved by the National
Assembly; and
(ii)
the Minister must publish that certificate in terms of subsection (3) (b) (i)
within one month thereafter.
(5) A certificate of exemption contemplated in subsection (3) may at any time in like
manner be amended or withdrawn by the Minister.
(6) An exemption under subsection (1) (a) lapses upon(a)
termination of the period for which it was granted; or
(b)
withdrawal of the relevant certificate under subsection (5).
(7) If an exemption has been granted to an Internet service provider under subsection
(1) (a) (i)(a)
that Internet service provider will be subject to all the other applicable
provisions of this Act; and
(b)
the law enforcement agency which made the application for the
issuing of the direction which is addressed to such Internet service
provider, must make available the necessary facilities and devices to
execute that direction.
CHAPTER 9
CRIMINAL PROCEEDINGS, OFFENCES AND PENALTIES (ss 47-57)
47
Use of information in criminal proceedings
(1) Information regarding the commission of any criminal offence, obtained by means
of any interception, or the provision of any real-time or archived communication-related
information, under this Act, or any similar Act in another country, may be admissible as
evidence in criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of
the Prevention of Organised Crime Act.
(2) Any information obtained by the application of this Act, or any similar Act in
another country, may only be used as evidence in any criminal proceedings or civil
proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act,
with the written authority of the National Director, or any member of the prosecuting
authority authorised thereto in writing by the National Director.
48
Proof of certain facts by certificate
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