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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 warrants

20. Amendment or extension of existing direction

 

(1) The applicant who made the application in respect of an existing direction or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the existing direction concerned, but before the expiry of the period for which it has been issued, apply to a designated judge for an amendment thereof or the extension of the period for which it has been issued.

 

(2) An application referred to in subsection (1) must be in writing and must—
(a) contain full particulars of the reasons and circumstances alleged by the applicant in support of his or her application;
(b) in the case of an application for the—
(i) amendment of an existing direction, indicate the amendment which is required; or
(ii) extension of the period for which an existing direction has been issued, indicate the period for which the extension is required;
(c) contain an affidavit setting forth the results obtained from the 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; and
(d) comply with any supplementary directives relating to applications for the amendment or extension of directions issued under section 58.

 

(3) A designated judge may, upon an application made to him or her in terms of subsection (1)—
(a) amend an existing direction; or
(b) extend the period for which an existing direction has been issued.

 

(4) An existing direction may only be amended or the period for which it has been issued may only be extended if the designated judge concerned is satisfied, on the facts alleged in the application concerned, that the amendment or extension is necessary for purposes of achieving the objectives of the direction concerned: Provided that the period for which an existing direction has been issued may only be extended for a further period not exceeding three months at a time.

 

(5) Any amendment of an existing direction or extension of the period for which it has been issued, must be in writing.

 

(6) Section 16(7) applies, with the necessary changes, in respect of the amendment of an existing direction or the extension of the period for which an existing direction has been issued.