54
Disclosure of data direction
41.
(1)
Subject to sections 15(2), 16 and 17 of the Regulation of
Interception of Communications and Provision of Communication-related information
Act, 2002 (Act No. 70 of 2002), and subsection (4), a magistrate or judge of the High
Court, may on written application by a member of a law enforcement agency, if it
appears to the magistrate or judge, from information on oath or by way of affirmation
that there are reasonable grounds for believing that a person or electronic
communications service provider may receive, is in possession of, or is in control of
data which is relevant to or which may afford evidence of, the commission or intended
commission of—
(a)
an offence under Chapter 2 of this Act; or
(b)
any other offence in terms of the laws of the Republic which is or was committed
by means of, or facilitated by the use of an article,
issue a disclosure of data direction.
(2)
(a)
An application contemplated in subsection (1) must—
contain the identity of the member of the law enforcement agency who applies for
the disclosure of data direction;
(b)
identify the customer, if known, or the service or communication in respect of
whom data is to be provided;
(c)
identify the person or electronic communications service provider to whom the
disclosure of data direction must be addressed;
(d)
contain a description of the data which must be provided;
(e)
contain a description of the offence which has been or is being or will probably be
committed; and
(f)
comply with any supplementary directives relating to applications for expedited
disclosure of data issued by the Judges President of the respective Divisions of
the High Court.