Section 49 | Complying with order of designated judge

  1. A person, electronic communications service provider or financial institution must comply with an order of the designated judge issued in terms of section 48(6).
  2. A person, electronic communications service provider or financial institution to whom an order referred to in section 48(6) is addressed may, in writing, apply to the designated judge for an amendment or the cancellation of the order concerned on the ground that they cannot timeously or in a reasonable fashion, comply with the order.
  3. The designated judge to whom an application is made in terms of subsection (2) must, as soon as possible after receipt thereof—
    1. consider the application and may, for this purpose, order oral or written evidence to be adduced regarding any fact alleged in the application;
    2. give a decision in respect of the application; and
    3. if the application is successful, inform the National Director of Public Prosecutions of the outcome of the application.
  4. A person, electronic communications service provider or financial institution who—
    1. fails to comply with an order referred to in section 48(6); or
    2. makes a false statement in an application referred to in subsection (2),
      is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding two years or to both a fine and such imprisonment.