| (1) |
An investigator may, for the purposes of conducting an investigation, do any of the following: |
| (i) |
with the prior consent of— |
| (aa) |
in the case of a private residence, the person apparently in control of the business reasonably believed to be conducted at the private residence, and the occupant of the private residence or the part of the private residence to be entered; or |
| (bb) |
in the case of any other premises, the person apparently in control of the premises, |
after informing that person that—
| (AA) |
granting consent will enable the investigator to enter the premises and for the investigator to subsequently search the premises as referred to in paragraph (b) or (c), and to do anything contemplated in subsection (6); and |
| (BB) |
he or she is under no obligation to admit the investigator in the absence of a warrant; or |
| (ii) |
without prior consent and without prior notice to any person— |
| (aa) |
if the entry is authorised by a warrant; or |
| (bb) |
with the prior authority of the head of a financial sector regulator or a senior staff member of the financial sector regulator delegated to perform the function, if the head of a financial sector regulator or senior staff member on reasonable grounds believes that— |
| (BB) |
the delay in obtaining the warrant is likely to defeat the purpose for which entry of the premises is sought; and |
| (CC) |
it is necessary to enter the premises to conduct the investigation and search the premises as referred to in paragraph (b) or (c), and to do anything contemplated in subsection (6); |
| (c) |
if the investigation is one referred to in section 135(1)(b), search the premises pursuant to the request, subject to section 251. |
| (2) |
The authority of an investigator in terms of subsection (1)(a) to enter a premises also provides authority for the investigator to subsequently search the premises as referred to in subsection (1)(b) or (c), and to do anything contemplated in subsection (6). |
| (3) |
An investigator exercising powers in terms of this section must do so with strict regard to— |
| (a) |
an affected person’s right to— |
| (ii) |
freedom and security; |
| (iv) |
other constitutional rights; and |
| (b) |
decency and good order as the circumstances require, in particular by— |
| (i) |
entering and searching only such areas or objects as are reasonably required for the purposes of the investigation; |
| (ii) |
conducting the search discreetly and with due decorum; |
| (iii) |
causing as little disturbance as possible; and |
| (iv) |
concluding the search as soon as possible. |
| (4) |
An entry or search of premises in terms of this Part must be done, at a reasonable time within ordinary business hours,— |
| (a) |
unless the warrant authorising it expressly authorises entry at night; or |
| (b) |
in the case of a search contemplated in subsection (1)(a)(ii)(bb), if the investigator on reasonable grounds believes that the purpose for which the entry and search is sought, is likely to be defeated by a delay, as close to ordinary business hours as the circumstances reasonably permit. |
| (5) |
An investigator may be accompanied and assisted during the entry and search of any premises for an investigation by a police officer or a person appointed in terms of section 134. |
(6)
| (a) |
While on the premises in terms of this section, an investigator, for the purpose of conducting the investigation, has the right of access to any part of the premises and to any document or item on the premises, and may do any of the following: |
| (i) |
Open or cause to be opened any strongroom, safe, cabinet or other container in which the investigator reasonably suspects there is a document or item that may afford evidence of the contravention concerned or be relevant to the request; |
| (ii) |
examine, make extracts from and copy any document on the premises; |
| (iii) |
question any person on the premises to find out information relevant to the investigation; |
| (iv) |
require a person on the premises to produce to the investigator any document or item that is relevant to the investigation and is in the possession or under the control of the person; |
| (v) |
require a person on the premises to operate any computer or similar system on or available through the premises to— |
| (aa) |
search any information in or available through that system; and |
| (bb) |
produce a record of that information in any media that the investigator reasonably requires; |
| (vi) |
if it is not practicable or appropriate to make a requirement in terms of subparagraph (v), operate any computer or similar system on or available through the premises for a purpose set out in that subparagraph; and |
| (vii) |
take possession of, and take from the premises, a document or item that may afford evidence of the contravention concerned or be relevant to the request. |
| (b) |
An investigator must give the person apparently in charge of the premises a written receipt for documents or items taken as mentioned in paragraph (a)(vii). |
| (c) |
Subject to paragraph (d), the investigator must ensure that any document or item taken by the investigator as mentioned in paragraph (a)(vii) is returned to the person when— |
| (i) |
retention of the document or item is no longer necessary to achieve the object of the investigation; or |
| (ii) |
all proceedings arising out the investigation have been finally disposed of. |
| (d) |
A document or item need not be returned to the person who produced it if — |
| (i) |
the document or item has been handed over to a designated authority; or |
| (ii) |
it is not in the best interest of the public or any member or members of the public for the documents or items to be returned. |
| (e) |
A person from whose premises a document or item was taken as mentioned in paragraph (a)(vii), or its authorised representative, may, during normal office hours and under the supervision of the financial sector regulator, examine, copy and make extracts from the document or item. |
| (7) |
An investigator, and any person assisting an investigator as mentioned in subsection (5), may use reasonable force to exercise any power in terms of this section. |
Statistics Act, 1999
