64
(4)
(a)
In a case of urgency a direction may be transmitted directly
to the court or tribunal referred to in subsection (3)(a), exercising jurisdiction in the place
where the article is to be preserved, or the data is to be intercepted or obtained and be
provided, or to the appropriate government authority referred to in subsection (3)(b) or
designated 24/7 contact point referred to in subsection (3)(c).
(b)
The National Director of Public Prosecutions must, as soon
as practicable, be notified that a direction has been sent in the manner referred to in
paragraph (a) and he or she must be furnished with a copy of such direction.
(5)
The Cabinet member responsible for the administration of justice
must be notified that a direction has been sent as contemplated in subsection (3) or (4)
and must be furnished with a copy of such direction.
Foreign requests for assistance and cooperation
46.
(1)
A request by an authority, court or tribunal exercising jurisdiction in
a foreign State for assistance in preserving an article or the interception or the obtaining
and providing of data in the Republic for use by such foreign State must be submitted—
(a)
to the 24/7 point of contact established in terms of section 49 of this Act, which
must submit it—
(i)
to the National Director of Public Prosecutions; or
(ii)
in a case of urgency, to the designated judge;
(b)
to the National Director of Public Prosecutions; or
(c)
in a case of urgency, to the designated judge.
(2)
Upon receipt of a request in terms of subsection (1)(a)(i) or (b), the
National Director of Public Prosecutions must satisfy himself or herself—
(a)
that proceedings have been instituted in a court or tribunal exercising jurisdiction
in the requesting foreign State; or
(b)
that there are reasonable grounds for believing that an offence has been
committed in the requesting foreign State or that it is necessary to determine