| (1) |
A member must, in the performance of his or her functions, obey all lawful directions received from a person having the authority to give such directions. |
| (2) |
If a judge as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002), is satisfied, on the grounds mentioned in a written application complying with directives issued under subsection (5), that— |
| (a) |
there is on any premises information which has or could probably have a bearing on the functions of the Agency as contemplated in section 2 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), which information is of substantial importance and is necessary for the proper discharge of the functions of the Agency; |
[Paragraph (2)(a) substituted by section 23(a) of Act No. 11 of 2013]
| (b) |
such information cannot reasonably be obtained by other means, |
he or she may issue the Agency with a direction authorising any member when reasonably necessary—
| (i) |
to enter such premises; |
| (ii) |
to search such premises with the purpose of obtaining such information; |
| (iii) |
to examine, copy, photograph or transcribe any article, document or other material on such premises; and |
| (iv) |
to remove any article, document or other material from the premises, for as long as is reasonably necessary, for. the purposes of examining, copying, photographing or transcribing it, as the case may be. |
[Subsection (2) substituted by section 23(b) of Act No. 11 of 2013]
(3)
| (a) |
A direction referred to in subsection (2) must be issued for a specific period not exceeding three months. |
| (b) |
A direction referred to in paragraph (a) may be executed by a member of the Agency who is authorised to do so by a senior member of the Agency holding a post of at least a General Manager. |
[Paragraph (3)(b) substituted by section 23(c) of Act No. 11 of 2013]
| (c) |
A member who executes a direction or assists in the execution thereof must, not later than the date of expiry of the direction referred to in paragraph (a), return any article, document or other material that was removed in terms of subsection (2)(b)(iv) to the premises in question unless the judge referred to in subsection (2) is of the opinion that the return of the said article, document or material will prejudice the security of the Republic, in which case the judge may direct that it be destroyed or stored elsewhere. |
| (4) |
The judge referred to in subsection (2) may, upon a written application complying with the directives issued under subsection (5), extend the period of validity of the direction for a further period not exceeding three months at a time, if the extension is necessary for a reason mentioned in subsection (2). |
| (5) |
The Judges President of the several Divisions of the High Court of South Africa may jointly issue directives to uniformly regulate the manner and procedure of applications in terms of subsection (2). |
Public Service Commission Act, 1997
