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Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter III : Reporting of Information, and Investigations

Investigations

12. Interrogation of persons under warrant of apprehension

 

(1) Whenever it appears to a magistrate from information submitted to him on oath by the attorney-general concerned, or by any public prosecutor authorized thereto in writing by that attorney-general, that there are reasonable grounds for believing that any person is withholding any information as to a drug offence, whether the drug offence has been or is being or is likely to be committed in the Republic or elsewhere, from that attorney-general, any such public prosecutor or any police official, as the case may be, he may issue a warrant for the arrest and detention of any such person.

 

(2) Notwithstanding anything to the contrary in any law contained, any person arrested by virtue of a warrant under subsection (1) shall as soon as possible be taken to the place mentioned in the warrant and detained there, or at such other place as the magistrate may from time to time determine, for interrogation in accordance with the directions, if any, issued by the magistrate from time to time.

 

(3) Any person arrested and detained under 1:1 warrant referred to in subsection (1) shall be detained until the magistrate orders his release when satisfied that the detainee has satisfactorily replied all questions at the interrogation or that no useful purpose will be served by his further detention: Provided that the attorney-general concerned may at any time direct in writing that the interrogation of any particular detainee be discontinued, whereupon that detainee shall be released without delay.

 

(4)
(a) Any person arrested under a warrant referred to in subsection (1) shall be brought before the magistrate within 48 hours of his arrest and thereafter not less than once every ten days.
(b) The magistrate shall at every appearance of such person before him enquire whether he has satisfactorily replied to all questions at his interrogation and whether it will serve any useful purpose to detain him further.
(c) Such person shall be entitled to be assisted at his appearance by his legal representative.

 

(5) Any person detained in terms of this section may at any time make representations in writing to the magistrate relating to his detention or release.

 

(6) No person, other than an official in the service of the State acting in the performance of his official duties—
(a) shall have access a person detained in terms of this section, except with the consent of the magistrate and subject to such conditions as he may determine: Provided that the magistrate—
(i) shall refuse such permission only if he has reason to believe that access to a person so detained will hamper any investigation by the police;
(ii) shall not refuse such permission in respect of a legal representative who visits a person so detained with a view to assisting him as contemplated in subsection (4)(c); or
(b) shall be entitled to any official information relating to or obtained from such detainee.

 

(7)
(a) Any person detained in terms of this section shall—
(i) as soon as possible be examined by a district surgeon; and
(ii) not less than once every five days be visited in private by a district surgeon,  and such a district surgeon shall as soon as possible compile a report in respect of each such visit and submit it to the magistrate.
(b) The magistrate may, if he has reason to believe that it will not hamper any investigation by the police, furnish at the request of any particular detainee a copy of any report referred to in paragraph (a) to a person indicated by that detainee.

 

(8) For the purposes of this section "magistrate" includes an additional magistrate.