Intellectual Property Rights from Publicly Financed Research and
R 385
Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 3 : Applications for, and issuing of, directions and entry warrants19. Application for, and issuing of, archived communication-related direction |
| (1) | If only archived communication-related information is required, an applicant may apply to a judge of a High Court, a regional court magistrate or a magistrate for the issuing of an archived communication-related direction. |
| (2) | An application referred to in subsection (1) must be in writing and must— |
| (a) | contain, with the necessary changes, the information referred to in section 17(2); and |
| (b) | comply with any supplementary directives relating to applications for archived communication-related directions issued under section 58. |
| (3) | Notwithstanding section 12 or anything to the contrary in any other law contained, a judge of a High Court, a regional court magistrate or a magistrate may, upon an application made to him or her in terms of subsection (1), issue an archived communication-related direction. |
| (4) | An archived communication-related direction may only be issued if it appears to the judge of a High Court, regional court magistrate or magistrate concerned, on the facts alleged in the application concerned, that there are reasonable grounds to believe that— |
| (a) | a serious offence has been or is being or will probably be committed; |
| (b) | the gathering of information concerning an actual threat to the public health or safety, national security or compelling national economic interests of the Republic is necessary; |
| (c) | the gathering of information concerning a potential threat to the public health or safety or national security of the Republic is necessary; |
| (d) | the making of a request for the provision, or the provision to the competent authorities of a country or territory outside the Republic, of any assistance in connection with, or in the form of, the interception of communications relating to organised crime or any offence relating to terrorism or the gathering of information relating to organised crime or terrorism, is in— |
| (i) | accordance with an international mutual assistance agreement; or |
| (ii) | the interests of the Republic's international relations or obligations; or |
| (e) | the gathering of information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities is necessary, and that the provision of archived communication-related information is necessary for purposes of investigating such offence or gathering such information. |
| (5) | An archived communication-related direction— |
| (a) | must be in writing; |
| (b) | must contain the information referred to in section 11(2)(a)(ii) and (iii), (d)(i) and (e); |
| (c) | must state the period within which the archived communication-related information must be routed or provided; and |
| (d) | may specify conditions or restrictions relating to the provision of archived communication-related information authorised therein. |
| (6) | Section 16(3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, an archived communication-related direction. |
| (7) | If a judge of a High Court, regional court magistrate or magistrate issues an archive communication-related direction, he or she must, as soon as practicable thereafter, submit a copy of the application and archived communication-related direction concerned to a designated judge. |
| (8) | A designated judge must keep all copies of applications and archived communication-related directions submitted to him or her in terms of subsection (7), or cause it to be kept, for a period of at least five years. |
