Statistics Act, 1999
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 4 : Powers to Investigate, Search, Access or Seize30. Oral application for search warrant or amendment of warrant |
| (1) | An application referred to in section 29(1)(a), or an application for the amendment of a warrant issued in terms of section 29(1)(a), may be made orally by a specifically designated police official, if it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written application. |
| (2) | An oral application referred to in subsection (1) must— |
| (a) | indicate the particulars of the urgency of the case or the other exceptional circumstances which, in the opinion of the police official, justify the making of an oral application; and |
| (b) | comply with any supplementary directives relating to oral applications which may be issued by the Chief Justice in terms of section 8(3) of the Superior Courts Act, 2013. |
| (3) | A magistrate or judge of the High Court may, upon an oral application made to them in terms of subsection (1) and subject to subsection (4), issue a warrant or amend a warrant as contemplated in section 29(1)(a). |
| (4) | A warrant or any amendment to a warrant may only be issued under subsection (3)— |
| (a) | 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 or any amendment to a warrant applied for could be issued; |
| (ii) | a warrant or an amendment to a warrant is necessary immediately in order to search for, access or seize an article— |
| (aa) | within their 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 or has been used or was 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 or to amend a warrant; and |
| (b) | on condition that the police official 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 or amended warrant under subsection (3). |
| (5) | A warrant or any amendment to a warrant issued under subsection (3) must— |
| (a) | be in writing; |
| (b) | be transmitted electronically to the police official or be provided to the specifically designated police official; and |
| (c) | contain a summary of the facts which were considered and the grounds upon which the warrant was issued. |
| (6) | A magistrate or judge of the High Court who has issued a warrant or amended a warrant under subsection (3) or, if unavailable, any other magistrate or judge of the High Court must, upon receipt of a written application in terms of subsection (4)(b), reconsider that application whereupon they may confirm, amend or cancel that warrant. |
| (7) | A magistrate or judge of the High Court contemplated in subsection (6), who amends or cancels the warrant, must make an order they deem fit on how any article which is affected by their decision is to be dealt with. |
