66
(ii)
in subsection (5)(b),
issue any order which he or she deems appropriate to ensure that the requested—
(aa)
article is preserved for a period; or
(bb)
data is intercepted or obtained and provided,
as is specified in the request.
(b)
The
designated
judge
must,
before
any
order
as
contemplated in paragraph (a) is issued, inform the Cabinet member responsible for the
administration of justice, in writing of the—
(i)
fact that he or she intends to issue an order; and
(ii)
reasons for such decision.
(7)
The designated judge may only issue an order contemplated in
subsection (6)(a), if—
(a)
on the facts alleged in the request, there are reasonable grounds to believe
that—
(i)
an offence substantially similar to the offences contemplated in Chapter
2 of this Act, has been or is being or will probably be committed; or
(ii)
any other offence substantially similar to an offence recognised in the
Republic was committed by means of, or facilitated through the use of an
article; and
(iii)
that for purposes of the investigation it is necessary in the interests of
justice that an article be preserve for a period or that data be intercepted
or obtained and provided;
(b)
the request clearly identifies—
(i)
the article that must be preserved;
(ii)
the data which must be intercepted or obtained and be provided; and
(iii)
the person, entity or electronic communications service provider—
(aa)
who or which is in possession of the article that must be preserved;
(bb)
from whose facilities the data must be intercepted and provided; or
(cc)
from whom the data must be obtained or provided;