REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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provider or other person(a)
has been exempted, under section 46 (1) (a) , from the relevant
prohibited act referred to in section 45 (1) in respect of such listed
equipment;
(b)
could not reasonably be expected to have known or had no reason to
suspect that the listed equipment concerned was being or would be
used in connection with the offence; and
(c)
had taken all reasonable steps to prevent the use thereof in
connection with the offence.
(6) (a) The court in question or, if the judge or judicial officer concerned is not
available, any other judge or judicial officer of the court in question, may upon an
application made at any time within a period of three months with effect from the date of
declaration of forfeiture under subsection (1), by any telecommunication service provider
or other person, other than the convicted person, who claims that(i)
the listed equipment declared forfeited under subsection (1) is his or her
property; and
(ii)
he or she is a person referred to in subsection (5),
inquire into and determine those matters.
(b) If the court referred to in paragraph (a) is satisfied that the(i)
listed equipment concerned is the property of the telecommunication service
provider or other person concerned; and
(ii)
telecommunication service provider or other person concerned is a person
referred to in subsection (5),
the court must set aside the declaration of forfeiture and direct that the listed equipment
concerned be returned to such telecommunication service provider or other person.
(c) If a determination by the court under paragraph (b) is adverse to the applicant, he
or she may appeal therefrom as if it were a conviction by the court making the
determination, and such appeal may be heard either separately or jointly with an appeal
against the conviction as a result whereof the declaration of forfeiture under subsection
(1) was made, or against a sentence imposed as a result of such conviction.
(d) When determining the matters referred to in paragraph (a) (i) and (ii), the record
of the criminal proceedings in which the declaration of forfeiture under subsection (1) was
made, must form part of the relevant proceedings, and the court making the
determination may hear such additional evidence, whether by affidavit or orally, as it
deems fit.
(7) (a) The Minister may, if an application referred to in subsection (6) (a) (i)
has not been made, upon an application made at any time after a period of
three months with effect from the date of declaration of forfeiture under
subsection (1) but before the expiry of a period of four months from that
date; or
(ii)
has been made and the declaration of forfeiture has not been set aside,
upon an application made at any time within a period of one month with
effect from the date on which a final decision in respect of that application
has been given,
in terms of section 46 (1) (a) (iii) exempt the law enforcement agency which made the
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