| (1) | If it appears to a magistrate from information on oath or by way of affirmation that there are reasonable grounds for believing that— |
| (a) | an offence contemplated in Part I or Part II of Chapter 2; or |
| (b) | any other offence in terms of the laws of the Republic, which may be committed by means of, or facilitated through the use of, an article, |
has been committed or that it is necessary to determine whether the offence has been so committed and that it is necessary—
| (aa) | preserve data or other articles; |
| (bb) | seize data or other articles on an expedited basis; |
| (cc) | obtain real-time communication-related information or archived communication-related information; or |
| (dd) | intercept indirect communications; or |
within the area of jurisdiction of a foreign State, the magistrate may issue a direction in the prescribed form in which assistance from that foreign State is sought as is stated in the direction.
| (2) | A direction contemplated in subsection (1) must specify that— |
| (a) | there are reasonable grounds for believing that an offence contemplated in subsection (1)(a) or (b) has been committed in the Republic or that it is necessary to determine whether such an offence has been committed; |
| (b) | an investigation in respect thereof is being conducted; and |
| (c) | for purposes of the investigation it is necessary, in the interests of justice, |
that—
| (i) | data or other articles specified in the direction, be preserved; |
| (ii) | data or any other article specified in the direction is to be seized on an expedited basis and be preserved; |
| (iii) | traffic data specified in the direction, be disclosed on an expedited basis; |
| (iv) | real-time communication-related information or archived communication-related information specified in the direction, be obtained and be preserved; or |
| (v) | indirect communications, specified in the direction, be intercepted and be preserved, |
within the area of jurisdiction of a foreign State.
| (a) | the appropriate authority in the foreign State; or |
| (b) | a designated point of contact in the foreign State, |
which is requested to provide assistance and cooperation.
