57
(b)
must set out the period within which the data identified in paragraph (a) must be
provided; and
(c)
may specify conditions or restrictions relating to the provision of data authorised
therein.
(9)
A person or electronic communications service provider to whom a
disclosure of data direction referred to in subsection (7) is addressed, may in writing
apply to the magistrate or judge or the designated judge for an amendment or the
cancellation of the direction concerned on the ground that he, she or it cannot timeously
or in a reasonable fashion, comply with the direction.
(10)
The magistrate or judge or the designated judge to whom an
application is made in terms of subsection (9) must, as soon as possible after receipt
thereof—
(a)
consider the application and may, for this purpose, order oral or written evidence
to be adduced regarding any fact alleged in the application;
(b)
give a decision in respect of the application; and
(c)
if the application is successful, inform the law enforcement agency or authority,
court or tribunal of a foreign State, of the outcome of the application.
(11)
A person or an electronic communications service provider who—
(a)
fails to comply with a disclosure of data direction; or
(b)
makes a false statement in an application referred to in subsection (9),
is guilty of an offence and is liable on conviction to a fine not exceeding R5 million or
imprisonment not exceeding 5 years or to both such fine and imprisonment.
Preservation of evidence direction
42.
(1)
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