| (1) |
In order to monitor and enforce compliance with this Act and, subject to the conditions of his or her appointment, a person referred to in section 88(1) may at any reasonable time and without prior notice without a warrant— |
| (a) |
enter into any aircraft, place or premises; |
| (b) |
inspect such aircraft, place or premises; |
| (c) |
examine any object, make copies of extracts from any book or document found on such aircraft, place or premises that the person referred to in section 88( 1) believes on reasonable grounds contains any information relevant to the administration of, and in compliance with this Act; |
| (d) |
require any person to furnish the person referred to in section 88( 1) with such information or documents, returns or other particulars as may be necessary for the proper administration of this Act; |
| (e) |
while on the premises, or at any time thereafter, question any person who is or was on the premises, either alone or in the presence of any other person on any matter to which this Act relates; |
| (f) |
order any person who has control over or custody of any book, document or thing on or in those premises to produce to him forthwith, or at such time and place as may be determined by him, such book, document or thing; or |
| (g) |
at any time and place order any person who has the possession or custody of or is in the control of a book, document or thing relating to the business of an employer, to produce forthwith or at such time and place as may be determined by him, such book, document or thing. |
| (2) |
A person executing the inspection as contemplated in subsection (1) must show his or her authorisation to any person requesting it and may be accompanied by an interpreter and any other person reasonably required to assist him or her in conducting the inspection. |
| (3) |
No information obtained during the inspection contemplated in subsection (1) which is of a confidential, personal, commercially sensitive or proprietary nature may be made public or otherwise disclosed to any person without the permission of the person to whom that information relates or used for purposes of prosecution. |
| (4) |
For purposes of monitoring regulatory compliance with any legislation administered by the Civil Aviation Authority, a person conducting an inspection as contemplated in subsection (1), may only enter into a private dwelling, with the consent of the occupier or under the authority of a warrant issued in terms of subsection 5(a) or without a warrant in terms of subsection 5(b). |
| (a) |
For purposes of gathering evidence with the view to prosecute any person for a contravention of any legislation administered by the Civil Aviation Authority a person referred to in section 88(1) must not exercise any power to— |
| (i) |
enter any aircraft or premises; |
| (ii) |
search any aircraft or premises; |
| (iii) |
examine any object; |
| (iv) |
make copies of or take extracts from any book or document; or |
unless such person has obtained a warrant permitting any such action from the court that has jurisdiction in the area where the aircraft or premises are situated, and such warrant must only be issued if it appears from information on oath that there are reasonable grounds for believing that an article or thing is upon or in such aircraft or premises, and should specify which of the acts mentioned in this subsection may be performed by the person to whom it is issued.
| (b) |
The proviso to paragraph (a) does not apply where the person concerned believe on reasonable grounds that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with. |
| (6) |
A warrant contemplated in subsection (5)(a) must only be issued if it appears to the court from information on oath that there are reasonable grounds for believing that an exercise of a power referred to in that subsection is necessary for the purpose of appropriate and applicable law enforcement. |
| (7) |
The warrant contemplated in subsection (5)(a) must specify the parameters within which the person executing such warrant may perform an entry, search or seizure. |
| (8) |
A warrant may be issued on any day and shall be in force until— |
| (a) |
it has been executed; |
| (b) |
it is cancelled by the person who issued it, or, if such person is not available, by any person with similar authority; or |
| (c) |
the expiry of one month from the date of its issue. |
| (9) |
Any person who acts on the authority of a warrant may use such force as may be reasonably necessary to overcome any resistance against the entry and search, including the breaking of any door or window, but such person must first audibly demand admission and state the purpose for which he or she seeks entry. |
| (10) |
Any person executing a warrant in terms of this section must immediately before commencing with the execution— |
| (a) |
identify himself or herself to the owner or person in control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy in a prominent place on the premises; |
| (b) |
supply such person at his or her request with particulars regarding his or her authority to execute such warrant; and |
| (c) |
must conduct the entry and inspection with strict regard for decency and order, and with regard to each person's right to dignity, freedom and privacy. |
| (11) |
The proviso to paragraph (5)(a) shall not apply where the person concerned believes on reasonable grounds that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with. |
| (12) |
A warrant issued in terms of this section must be executed by day unless the person who issued it authorises that it may be executed at night, during hours which are reasonable in the circumstances. |
| (13) |
Any person executing a warrant in terms of this section who removes anything from premises being searched, must— |
| (a) |
issue a receipt for it to the owner or person in control of the premises; and |
| (b) |
return it as soon as practicable after it has served the purpose for which it was removed. |
| (14) |
Any person executing a warrant in terms of this section may be accompanied and assisted by a police officer and interpreter. |
Administration of Estates Act, 1965
