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Border Management Authority Act, 2020 (Act No. 2 of 2020)

Chapter 6 : Powers of Entry, Search, Seizure, Arrest and Detention

18. Powers of entry, search, seizure, arrest and detention

 

(1) An officer may, with or without a warrant, within the border law enforcement area or at a port of entry
(a) enter any premises;
(b) search any person, goods, premises or vehicle;
(c) inspect any goods, documents, premises or vehicle;
(d) seize anything found in that search or inspection that may be lawfully seized;
(e) question any person about any matter related to the passage of persons, goods or vehicles through a port of entry or across the border law enforcement area and confirm their responses in a written declaration; and
(f) arrest or detain any person reasonably suspected of contravening any provision of this Act.

 

(2) An officer may, without a warrant, exercise any power in terms of subsection (1) if—
(a) a person who is competent to do so consents to the entry, search, inspection or seizure; or
(b) the officer on reasonable grounds believes that—
(i) a warrant will be issued if applied for; and
(ii) the delay in obtaining the warrant is likely to defeat the object of such warrant.