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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

22. Application for, and issuing of, entry warrant

 

(1) An applicant who—
(a) makes an application referred to in section 16(1) may in his or her application also apply for the issuing of an entry warrant; or
(b) made an application referred to in section 16(1) 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 interception direction in respect of which such an application was made, but before the expiry of the period or extended period for which it has been issued, apply to a designated judge for the issuing of an entry warrant.

 

(2) Subject to section 23(1), an application referred to in subsection (1) must be in writing and must—
(a) indicate the—
(i) identity of the applicant;
(ii) premises in respect of which the entry warrant is required to be issued; and
(iii) specific purpose, referred to in the definition of "entry warrant", for which the application is made;
(b) if the application is made in terms of subsection (1)(b), also contain—
(i) proof that an interception direction has been issued; and
(ii) 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;
(c) indicate whether any previous application has been made for the issuing of an entry warrant for the same purpose or in respect of the same premises specified in the application and, if such previous application exists, must indicate the current status of that application; and
(d) comply with any supplementary directives relating to applications for entry warrants issued under section 58.

 

(3) A designated judge may, upon an application made to him or her in terms of subsection (1), issue an entry warrant.

 

(4) An entry warrant may only be issued if the designated judge concerned is satisfied, on the facts alleged in the application concerned, that—
(a) the entry of the premises concerned is necessary for a purpose referred to in the definition of "entry warrant"; or
(b) there are reasonable grounds to believe that it would be impracticable to intercept a communication under the interception direction concerned otherwise than by the use of an interception device installed on the premises.

 

(5) An entry warrant—
(a) must be in writing;
(b) must contain the information referred to in subsection (2)(a)(ii) and (iii); and
(c) may contain conditions or restrictions relating to the entry upon the premises concerned as the designated judge deems necessary.

 

(6) An entry warrant expires when—
(a) the period or extended period for which the interception direction concerned has been issued, lapses; or
(b) it is cancelled in terms of section 23(11) or 25(1) or (2) by the designated judge who issued it or, if he or she is not available, by any other designated judge, whichever occurs first.

 

(7) Section 16(7) applies, with the necessary changes, in respect of the issuing of an entry warrant.

 

(8) If an entry warrant has expired as contemplated in subsection (6)(a), the applicant who made the application in respect of the entry warrant concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, must, as soon as practicable after the date of expiry of the entry warrant concerned, and without applying to a judge for the issuing of a further entry warrant, remove, or cause to be removed, any interception device which has been installed thereunder and which, at the date of expiry of that entry warrant, has not yet been removed from the premises concerned.