67
(c)
the request is, where applicable, in accordance with—
(i)
any treaty, convention or other international agreement to which that
foreign state and the Republic are parties; or
(ii)
any agreement with any foreign State entered into in terms of section 65 of
this Act;
(d)
the order contemplated in subsection (6)(a) is in accordance with any applicable
law of the Republic; and
(e)
that it will be in the interests of justice if the order contemplated in subsection
6(a) is made.
(8)
An order contemplated in subsection (6)(a) must be
executed by a member of the South African Police Service referred to in section 33 of
the South African Police Service Act, 1995 (Act No. 68 of 1995), who is specifically
designated in writing by the National Commissioner to execute such orders.
Complying with order of designated judge
47.
(1)
A person or electronic communications service provider must
immediately comply with an order of the designated judge issued in terms of section
46(6).
(2)
A person or electronic communications service provider to whom
an order referred to in section 46(6) is addressed, may in writing apply to the designated
judge for an amendment or the cancellation of the order concerned on the ground that
he, she or it cannot timeously or in a reasonable fashion, comply with the order.
(3)
The designated judge to whom an application is made in terms of
subsection (2) must, as soon as possible after receipt thereof—
(a)
consider the application and may, for this purpose, order oral or written evidence
to be adduced regarding any fact alleged in the application;
(b)
give a decision in respect of the application; and