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whether an offence has been so committed and that an investigation in respect
thereof is being conducted in the requesting foreign State.
(3)
Upon receipt of a request in terms of subsection (1)(a)(ii) or (c), the
designated judge, must—
(a)
satisfy himself or herself—
(i)
that proceedings have been instituted in a court or tribunal exercising
jurisdiction in the requesting foreign State; or
(ii)
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 whether an offence has been so committed and that an
investigation in respect thereof is being conducted in the requesting
foreign State; and
(b)
obtain the recommendations of the National Director of Public Prosecutions on
the request.
(4)
For purposes of subsection (2) and (3)(a), the National Director of
Public Prosecutions or the designated judge may rely on a certificate purported to be
issued by a competent authority in the foreign State concerned, stating the facts
contemplated in the said subsections.
(5)
(a)
The National Director of Public Prosecutions must, if
satisfied as contemplated in subsection (2), submit the request for assistance in
preserving an article or intercepting or obtaining and providing data, together with his or
her recommendations, to the Cabinet member responsible for the administration of
justice, for his or her approval.
(b)
Upon being notified of the Cabinet member‟s approval the
National Director of Public Prosecutions must forward the request contemplated in
subsection (1)(a) or (b) to the designated judge, for consideration.
(6)
(a)
Subject to subsection (7), the designated judge may on
receipt of a request referred to—
(i)
in subsection (1)(a)(ii) or (c), subject to paragraph (b); or