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(3)
Upon receipt of an application in terms of subsection (1), a
magistrate or judge, must satisfy himself or herself—
(a)
that there are reasonable grounds for believing that—
(i)
an offence in terms of Chapter 2 of this Act; or
(ii)
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,
has been, is being or will probably be committed or that it is necessary to
determine whether such an offence has been so committed; and
(b)
that it will be in the interests of justice if a disclosure of data direction is issued.
(4)
(a)
The designated judge, may on request of an authority, court
or tribunal of a foreign State, if it appears to the designated judge, from information on
oath or by way of affirmation that there are reasonable grounds for believing that any
person or electronic communications service provider in the Republic 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 an offence—
(i)
similar to those contemplated in Chapter 2 of this Act; or
(ii)
any other offence substantially similar to an offence recognised in the Republic
which is or was committed by means of, or facilitated by the use of an article,
in a foreign State, issue, subject to paragraph (b), a disclosure of data direction.
(b)
The designated judge must, before a disclosure of data
direction as contemplated in paragraph (a) is issued, inform the Cabinet member
responsible for the administration of justice, in writing of the—
(i)
fact that he or she intends to issue a disclosure of data direction; and
(ii)
reasons for such decision.
(5)
(a)
A request contemplated in subsection (4) must—
identify the customer, if known, or the service or communication in respect of
whom data is to be provided;
(b)
identify the person or electronic communications service provider to whom the
disclosure of data direction must be addressed;