MADLANGA J
interception device to facilitate interceptions conducted in terms of an interception
direction issued under section 16.
[9]
In terms of section 23 applications may be made orally to a designated Judge for
the issuing of the directions envisaged in sections 16 to 18 and 21 and an entry warrant
envisaged in section 22. An oral application may be made where – because of urgency
or exceptional circumstances – it is not reasonably practicable to apply in writing.23 In
terms of section 23(5) directions and entry warrants must be in writing. They too may
be oral if that be dictated by urgency or exceptional circumstances.24
[10]
Surveillance under these sections, i.e. 16 to 18 and 20 to 23, covers almost the
entire spectrum of state surveillance.25 As shown by this discussion, that wide spectrum
involves a designated Judge. What remains is – by comparison – a minuscule aspect
provided for in section 19.
[11]
Although directions under section 19 are not issued by a designated Judge, at its
centre this section also has a Judicial Officer. This section empowers a High Court
Judge,
Regional
Court
Magistrate
or
Magistrate
to
issue
archived
communication-related directions. This differs from section 18 in that it applies where
only archived communication-related directions are sought.
On the other hand,
section 18 authorises combined directions where the combinations include archived
communication-related directions. And in the case of section 18, the issuer is a
designated Judge, not the Judicial Officers mentioned in section 19.
[12]
All surveillance under the various forms of directions is in relation to serious
offences; actual or potential threats to the public health or safety, national security or
compelling national economic interests of the Republic; organised crime or terrorism;
23
Section 23(4)(iii).
24
Section 23(7).
25
This, of course, is with the exception of interceptions to prevent bodily injury or determine a location in an
emergency, under sections 7 and 8 respectively.
14