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(a)
indicate the particulars of the urgency of the case or the other exceptional
circumstances which, in the opinion of the member of the law enforcement
agency, justify the making of an oral application; and
(b)
comply with any supplementary directives relating to oral applications issued by
the Judges President of the respective Divisions of the High Court.
(3)
A magistrate or judge of the High Court may, upon an oral
application made to him or her in terms of subsection (1) and subject to subsection (4),
issue a warrant.
(4)
(a)
A warrant may only be issued under subsection (3)—
if the magistrate or judge of the High Court concerned is satisfied, on the facts
alleged in the oral application concerned, that—
(i)
there are reasonable grounds to believe that a warrant applied for could be
issued;
(ii)
a warrant is necessary immediately in order to access or seize or search
for an article within his or her area of jurisdiction or an article which is
being used or is involved in the commission of an offence—
(aa)
within his or her area of jurisdiction; or
(bb)
within the Republic, if it is unsure within which area of jurisdiction
the article is being used or is involved in the commission of an
offence; and
(iii)
it is not reasonably practicable, having regard to the urgency of the case or
the existence of exceptional circumstances, to make a written application
for the issuing of a warrant; and
(b)
on condition that the member of the law enforcement agency concerned must
submit a written application to the magistrate or judge of the High Court
concerned within 48 hours after the issuing of the warrant under subsection (3).
(5)
A warrant issued under subsection (3) must be in writing and must
be transmitted electronically to the member of the law enforcement agency.