MADLANGA J interception of direct or indirect communications.19 Section 17 governs the issuing of real-time communication-related directions. In terms of section 18 an application may be made to a designated Judge for combined applications for interception directions, for real-time or archived communication-related directions, or for interception directions supplemented by real-time communication-related directions.20 Section 21 empowers a designated Judge to issue a decryption direction.21 All applications to a designated Judge under sections 16 to 18 and 21 and 2222 must be in writing, some even on affidavit. Section 20 authorises the amendment or extension of an existing direction by a designated Judge. Section 22 provides for the issuing by a designated Judge of an entry warrant. Entry in terms of this warrant may be for the purpose of installing an (ii) (c) 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 (v), other investigative procedures have been applied and have failed to produce the required evidence or reasonably appear to be unlikely to succeed if applied or are likely to be too dangerous to apply in order to obtain the required evidence and that the offence therefore cannot adequately be investigated, or the information therefore cannot adequately be obtained, in another appropriate manner: Provided that this paragraph does not apply to an application for the issuing of a direction in respect of the ground referred to in paragraph (a)(i) or (v) if the— (i) serious offence has been or is being or will probably be committed for the benefit of, at the direction of, or in association with, a person, group of persons or syndicate involved in organised crime; or (ii) property is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities.” Direct communications are communications that take place whilst those communicating are in each other’s presence (see definition in section 1). Indirect communications are those where the communicators are not together. Such communications may be in the form of speech, text or any other format (see definition in section 1). 19 20 I understand an interception direction supplemented by a real-time communication-related direction to mean a direction for the interception of communications as they take place and accompanied by a direction in respect of information about the location at which, for example, a call is being made or a text is being sent or received and by what devices (i.e. all of that in real-time). From the definitions of “decryption direction”, “decryption key” and “encrypted information” in section 1 of RICA, I understand “decryption” (which is not defined) to mean the act of making encrypted information accessible or understandable to the law enforcement officer concerned. 21 22 I will explain shortly what a section 22 application entails. 13