71.
(1) If a member of the Namibian police is satisfied that there are grounds
to believe that computer data that is reasonably required for the purposes of a criminal
investigation might be lost, modified or destroyed, that member may issue a written notice
instructing a person in control of that computer data to ensure that the data described in
the notice must be preserved for the period specified in the notice which period may not be
longer than seven days.
(2) A notice referred to in subsection (1) may be extended by a judge or magistrate
for a period that does not exceed three months at a time.
Interception and use of forensic tool
72. (1) A member of the Namibian police may intercept communications, or utilise
a forensic tool if such action is authorised by a warrant issued by a judge in chambers which
warrant may be issued if the judge believes after considering information on oath that –
(a) a less intrusive method of investigation will not provide the information required;
(b) the investigation is sufficiently important and the offence is sufficiently serious
to justify the method specified in the warrant; and
(c) the information sought is relevant for the investigation of an offence under this
Act or any other law or the common law.
(2) A warrant issued in terms of subsection (1), must be issued without notice to the
person whose communications are to be intercepted or on whose computer system a forensic
tool is to be installed.
(3) A warrant issued in terms of subsection (1) must state the action authorised.
(4) A warrant issued in terms of subsection (1) is valid for the period for which it has
been issued,which period may not be longer than three months, but such warrant may be
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