REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... Page 23 of 67 to in paragraph (c) of the definition of 'applicant'; and (d) subsection (5) (a) (v), must be made by an applicant referred to in paragraph (e) of the definition of 'applicant': Provided that an applicant referred to in paragraph (f) of the definition of 'applicant' may only make an application on the ground referred to in subsection (5) (a) (i)(i) if the offence allegedly has been or is being or will be committed by a member of the Police Service; or (ii) in respect of a death in police custody or as a result of police action. (4) Notwithstanding section 2 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue an interception direction. (5) An interception direction may only be issued if the designated judge concerned is satisfied, on the facts alleged in the application concerned, that(a) there are reasonable grounds to believe that(i) a serious offence has been or is being or will probably be committed; (ii) the gathering of information concerning an actual threat to the public health or safety, national security or compelling national economic interests of the Republic is necessary; (iii) the gathering of information concerning a potential threat to the public health or safety or national security of the Republic is necessary; (iv) the making of a request for the provision, or the provision to the competent authorities of a country or territory outside the Republic, of any assistance in connection with, or in the form of, the interception of communications relating to organised crime or any offence relating to terrorism or the gathering of information relating to organised crime or terrorism, is in(aa) accordance with an international mutual assistance agreement; or (bb) the interests of the Republic's international relations or obligations; or (v) (b) (c) the gathering of information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities is necessary; there are reasonable grounds to believe that(i) the interception of particular communications concerning the relevant ground referred to in paragraph (a) will be obtained by means of such an interception direction; and (ii) subject to subsection (8), the facilities from which, or the place at which, the communications are to be intercepted are being used, or are about to be used, in connection with the relevant ground referred to in paragraph (a) are commonly used by the person or customer in respect of whom the application for the issuing of an interception direction is made; and in respect of the grounds referred to in paragraph (a) (i), (iii), (iv) or http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009