39
"designated judge" means a designated judge as defined in section 1 of the
Regulation of Interception of Communications and Provision of Communication-related
Information Act, 2002 (Act No. 70 of 2002);
"law enforcement agency" means—
(a)
the South African Police Service referred to in section 5 of the South African
Police Service Act, 1995 (Act No. 68 of 1995); and
(b)
the State Security Agency referred to in section 3(1) of the Intelligence Services
Act, 2002 (Act No. 65 of 2002);
"magistrate" includes a regional court magistrate;
“public available data” means data which is accessible in the public domain without
restriction; and
“specifically designated member of a law enforcement agency” means—
(a)
a commissioned officer referred to in section 33 of the South African Police
Service Act, 1995 (Act No. 68 of 1995), who has been designated in writing by
the National Commissioner; or
(b)
a member as defined in section 1 of the Intelligence Services Act, 2002 (Act No.
65 of 2002), who has has been designated in writing by the Director-General:
State Security;
to—
(i)
make oral applications for a search warrant or an amendment of a warrant
contemplated in section 30;
(ii)
issue expedited preservation of data directions contemplated in section
40; or
(iii)
serve a disclosure of data direction from the designated judge on a person
or electronic communications service provider contemplated in section
41(7).
Application of provisions in this Chapter