Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 4 : Powers to Investigate, Search, Access or Seize43. Oral application for preservation of evidence direction |
| (1) | A police official may orally make an application referred to in section 42(1), if they are of the opinion that it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written application. |
| (2) | An oral application referred to in subsection (1) must— |
| (a) | indicate the particulars of the urgency of the case or the other exceptional circumstances which, in the opinion of the police official, justify the making of an oral application; and |
| (b) | comply with any supplementary directives relating to oral applications which may be issued by the Chief Justice in terms of section 8(3) of the Superior Courts Act, 2013. |
| (3) | A magistrate or judge of the High Court may, upon receipt of an oral application made to them in terms of subsection (1), issue the preservation of evidence direction applied for. |
| (4) | A preservation of evidence direction may only be issued under subsection (3)— |
| (a) | if the magistrate or judge of the High Court concerned is satisfied, on the facts alleged in the oral application concerned, that— |
| (i) | there are reasonable grounds to believe that a preservation of evidence direction applied for could be issued; |
| (ii) | a preservation of evidence direction is necessary immediately in order to ensure the availability or integrity, of the article; and |
| (iii) | it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written application for the issuing of the preservation of evidence direction applied for; and |
| (b) | on condition that the police official concerned must submit a written application to the magistrate or judge of the High Court concerned within 48 hours after the issuing of the preservation of evidence direction under subsection (3). |
| (5) | A preservation of evidence direction issued under subsection (3) must be in writing and must be transmitted electronically to the police official or be provided to a specifically designated police official. |
| (6) | A magistrate or judge of the High Court who issued a direction under subsection (3) or, if they are not available, any other magistrate or judge of the High Court must, upon receipt of a written application in terms of subsection (4)(b), reconsider that application whereupon they may confirm, amend or cancel that preservation of evidence direction. |