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(c)
contain a description of the data which must be provided;
(d)
contain a description of the offence which has been or is being or will probably be
committed; and
(e)
comply with any supplementary directives relating to applications for disclosure of
data issued by the designated judge.
(6)
Upon receipt of a request in terms of subsections (4), the
designated judge must satisfy himself or herself—
(a)
that there are reasonable grounds for believing that an offence—
(i)
similar to those contemplated in Chapter 2 of this Act; or
(ii)
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 the requesting foreign State, has been committed or that it is necessary to
determine whether such an offence has been so committed and that an
investigation in respect thereof is being conducted in the requesting foreign
State;
(b)
that the request, where applicable, is in accordance with—
(i)
any treaty, convention or other international agreement to which that
foreign state and the Republic are parties; or
(ii)
any agreement with any foreign State entered into in terms of section 65 of
this Act; and
(c)
that it will be in the interests of justice if a disclosure of data direction is issued.
(7)
A disclosure of data direction must be in the prescribed form and
must be served on the person or electronic communications service provider affected
thereby, in the prescribed manner by a member of a law enforcement agency or in the
case of subsection (4), a specifically designated member of a law enforcement agency.
(8)
(a)
The disclosure of data direction—
must direct the person or electronic communications service provider to provide
data identified in the direction to the extent as is set out in the direction to an
identified member of the law enforcement agency;