60
(b)
comply with any supplementary directives relating to oral applications issued by
the Judges President of the respective Divisions of the High Court.
(3)
A magistrate or judge of the High Court may, upon an oral
application made to him or her in terms of subsection (1), issue the preservation of
evidence direction applied for.
(4)
A preservation of evidence direction may only be issued under
subsection (3) —
(a)
if the magistrate or judge of the High Court concerned is satisfied, on the facts
alleged in the oral application concerned, that—
(i)
there are reasonable grounds to believe that a preservation of evidence
direction applied for could be issued;
(ii)
a preservation of evidence direction is necessary immediately in order to
preserve the integrity of the evidence; and
(iii)
it is not reasonably practicable, having regard to the urgency of the case or
the existence of exceptional circumstances, to make a written application
for the issuing of the preservation of evidence direction applied for; and
(b)
on condition that the member of the law enforcement agency concerned must
submit a written application to the magistrate or judge of the High Court
concerned within 48 hours after the issuing of the preservation of evidence
direction under subsection (3).
(5)
A preservation of evidence direction issued under subsection (3)
must be in writing and must be transmitted electronically to the member of the law
enforcement agency.
(6)
A magistrate or judge of the High Court who issued a direction
under subsection (3) or, if he or she is not available, any other magistrate or judge of
the High Court must, upon receipt of a written application submitted to him or her in
terms of subsection (4)(b), reconsider that application whereupon he or she may
confirm, amend or cancel that preservation of evidence direction.