REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... Page 12 of 67 'monitoring device' means any electronic, mechanical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to listen to or record any communication; 'National Commissioner' means the National Commissioner referred to in section 6 (1) of the South African Police Service Act; 'National Director' means the National Director of Public Prosecutions contemplated in section 179 (1) (a) of the Constitution; 'National Prosecuting Authority Act' means the National Prosecuting Authority Act, 1998 ( Act 32 of 1998 ); 'Office' means the Office for Interception Centres established by section 33; 'oral direction' means any direction issued under section 23 (7); 'oral entry warrant' means an entry warrant issued under section 23 (7); 'party to the communication' , for purposes of(a) section 4, means, in the case of(i) a direct communication, any person(aa) (ii) participating in such direct communication or to whom such direct communication is directed; or (bb) in whose immediate presence such direct communication occurs and is audible to the person concerned, regardless of whether or not the direct communication is specifically directed to him or her; or an indirect communication(aa) (b) the sender or the recipient or intended recipient of such indirect communication; (bb) if it is intended by the sender of an indirect communication that such indirect communication be received by more than one person, any of those recipients; or (cc) any other person who, at the time of the occurrence of the indirect communication, is in the immediate presence of the sender or the recipient or intended recipient of that indirect communication; and section 5, means, in the case of(i) a direct communication, any person participating in such direct communication or to whom such direct communication is directed; or (ii) an indirect communication(aa) (bb) the sender or the recipient or intended recipient of such indirect communication; or if it is intended by the sender of an indirect communication that such indirect communication be received by more than one person, any of those recipients; 'Police Service' means the South African Police Service established by section 5 (1) of the South African Police Service Act; http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009