1. No. I have been informed that the Magistrates Commission has not received any formal complaint against the Magistrate.
2. No steps were considered necessary, as the prosecutor was not deemed to have breached any guidelines or legal prescripts. Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.
The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.