63
45.
(1)
If it appears to a magistrate or judge of the High Court from
information on oath or by way of affirmation that there are reasonable grounds for
believing that an article necessary for the investigation or prosecution of—
(a)
an offence under Chapter 2 of this Act; or
(b)
any other offence in terms of the laws of the Republic which may be committed or
facilitated by means of an article,
is in the possession of, under the control of or upon any person or in a container, upon
or at any premises, vehicle, facility, ship, aircraft, computer device, computer network,
database or any part of an electronic communications network within the area of
jurisdiction of a foreign State, the magistrate or the judge may issue a direction in the
prescribed form, in which assistance from that foreign State is sought in order to—
(i)
preserve an article; or
(ii)
intercept or obtain and provide data,
as is stated in the direction.
(2)
(a)
A direction contemplated in subsection (1) must specify that—
there are reasonable grounds for believing that an offence contemplated in this
Act has been committed in the Republic or that it is necessary to determine
whether an offence has been committed;
(b)
an investigation in respect thereof is being conducted; and
(c)
for purposes of the investigation, it is necessary, in the interests of justice, that
the article be preserved, or that data be intercepted or obtained and be provided
by a person or authority in a foreign State.
(3)
Subject to subsection (4), a direction must be sent to the National
Director of Public Prosecutions for transmission to—
(a)
the court or tribunal specified in the direction;
(b)
the appropriate authority in the foreign State which is requested to provide
assistance and cooperation; or
(c)
a designated 24/7 contact point in the foreign State which is requested to provide
assistance and cooperation.