| (a) |
interception of an indirect communication and the provision of communication- related information, whether real-time or archived or both; or |
| (b) |
provision of real-time and archived communication-related information, are required, an applicant may, subject to sections 16(2) and (3), 17(1) and (2) and 19(1) and (2), in a combined application, apply to a designated judge for the simultaneous issuing of any combination of directions referred to in those sections. |
(2)
| (a) |
If an interception direction has been issued under section 16, the applicant who made the application in respect of the interception direction concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, may, subject to section 17(1) and (2), apply to a designated judge for the issuing of a real-time communication-related direction to supplement that interception direction. |
| (b) |
An application referred to in paragraph (a) must— |
| (i) |
contain an affidavit setting forth the results obtained from the interception direction concerned from the date of its issuance up to the date on which that application is made, or a reasonable explanation of the failure to obtain such results; |
| (ii) |
contain proof that an interception direction has been issued; and |
| (iii) |
be made at any stage after the issuing of the interception direction concerned, but before the expiry of the period or extended period for which it has been issued. |
| (3) |
Notwithstanding sections 2 and 12 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of— |
| (a) |
subsection (1) and subject to sections 16(5), (6) and (7), 17(4), (5) and (6) and 19(4), (5) and (6), issue the combination of directions applied for; or |
| (b) |
subsection (2) and subject to section 17(4), (5) and (6), issue a real-time communication-related direction to supplement that interception direction: |
Provided that a real-time communication-related direction issued under this paragraph expires when the period or extended period for which the interception direction concerned has been issued, lapses.
| (4) |
Notwithstanding section 19(1), (3) and (4)— |
| (a) |
an application in terms of subsection (1) for the issuing of an archived communication-related direction may only be made to a designated judge; and |
| (b) |
only a designated judge may issue an archived communication-related direction under subsection (3)(a). |
Intellectual Property Rights from Publicly Financed Research and
