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 warrants25. Cancellation of direction, entry warrant, oral direction or oral entry warrant |
| (1) | The designated judge who issued a direction or an entry warrant or, if he or she is not available, any other designated judge who would have been entitled to issue such direction or entry warrant may cancel that direction or entry warrant if— |
| (a) | the applicant concerned fails to submit a report in terms of section 24, if applicable; or |
| (b) | he or she, upon receipt of a report submitted in terms of section 24, is satisfied that the— |
| (i) | objectives of the direction or entry warrant concerned have been achieved; or |
| (ii) | ground on which the direction or the purpose for which the entry warrant concerned was issued, has ceased to exist. |
| (2) | The designated judge who issued— |
| (a) | a direction or an entry warrant under section 23(3); or |
| (b) | an oral direction or oral entry warrant, or, if he or she is not available, any other designated judge who would have been entitled to issue such a direction, entry warrant, oral direction or oral entry warrant, must cancel that direction, entry warrant, oral direction or oral entry warrant if the applicant concerned fails to comply with section 23(4)(b) or (8)(b). |
| (3) | If a designated judge cancels— |
| (a) | a direction or an entry warrant; |
| (b) | a direction or an entry warrant issued under section 23(3); or |
| (c) | an oral direction or oral entry warrant, in terms of subsection (1) or (2), he or she must forthwith in writing inform— |
| (i) | the applicant concerned; and |
| (ii) | if applicable, the postal service provider, telecommunication service provider or decryption key holder concerned, of such cancellation. |
| (4) | If an entry warrant or oral entry warrant is cancelled in terms of subsection (1) or (2), the applicant concerned must, as soon as practicable after having been informed of such cancellation, remove, or cause to be removed, any interception device which has been installed under the entry warrant or oral entry warrant concerned. |
| (5) | If a direction issued under section 23(3) or an oral direction is cancelled in terms of subsection (2)— |
| (a) | the contents of any communication intercepted under that direction or oral direction will be inadmissible as evidence in any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, unless the court is of the opinion that the admission of such evidence would not render the trial unfair or otherwise be detrimental to the administration of justice; or |
| (b) | any postal article that was taken into possession under that direction or oral direction must be dealt with in accordance with section 26(4). |
