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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Chapter 4 : Execution of directions and entry warrants

26. Execution of direction

 

(1)

(a) If a direction has been issued under this Act, any—
(i) law enforcement officer may execute that direction; or
(ii) law enforcement officer or other person may assist with the execution thereof, if the law enforcement officer or person concerned has been authorised by the applicant who made the application for the issuing of the direction concerned to execute that direction or to assist with the execution thereof.
(b) A direction issued under this Act upon an application made by an applicant referred to in paragraph (f) of the definition of "applicant" may only be executed by a law enforcement officer authorised thereto in writing by the applicant concerned, after consultation with the National Commissioner, if that law enforcement officer is a member of the Police Service, or the National Director, if that law enforcement officer is a member of the Directorate or of any component referred to in paragraph (e) of the definition of "law enforcement agency".

 

(2) The applicant concerned may authorise such number of authorised persons to assist with the execution of the direction as he or she deems necessary.

 

(3) An authorised person who executes a direction or assists with the execution thereof may intercept, at any place in the Republic, any communication in the course of its occurrence or transmission to which the direction applies.

 

(4) If any postal article has been taken in possession in terms of subsection (3), the authorised person who executes the direction concerned or assists with the execution thereof—
(a) must take proper care of such postal article and may, if the postal article concerned is perishable, with due regard to the interests of the persons concerned and with the written approval of the applicant concerned, dispose of that postal article in such manner as the circumstances may require;
(b) must, with the written approval of the applicant concerned, return such postal article, if it has not been disposed of in terms of paragraph (a), or cause it to be returned to the postal service provider concerned if, in the opinion of the applicant concerned—
(i) no criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, will be instituted in connection with such postal article; or
(ii) such postal article will not be required at any such criminal or civil proceedings for purposes of evidence or for purposes of an order of court; and
(iii) such postal article may be returned without prejudice to the public health or safety, national security or compelling national economic interests of the Republic, as the case may be; or
(c) may, in circumstances other than those referred to in—
(i) paragraph (b), with the written approval of the applicant concerned, return such postal article or cause it to be returned to the postal service provider concerned if such postal article—
(aa) has not been disposed of in terms of paragraph (a); and
(bb) in the opinion of the applicant concerned, may be returned without prejudice to the public health or safety, national security or compelling national economic interests of the Republic, as the case may be; or
(ii) paragraph (a), on the written instructions of the applicant concerned dispose of such postal article in such manner as the public health or safety, national security or compelling national economic interests of the Republic, as the case may be, requires, if such postal article—
(aa) has not been disposed of in terms of paragraph (a); and
(bb) in the opinion of the applicant concerned, cannot be returned in terms of subparagraph (i) without prejudice to the public health or safety, national security or compelling national economic interests of the Republic, as the case may be.