Special Investigating Units and Special Tribunals Act, 1996
R 385
Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)Chapter 6 : Appointment, Remuneration, Functions and Powers of Investigators24. Functions and investigative powers |
| (1) | An investigator may, subject to the control and direction of the Executive Director or the relevant provincial head, exercise such powers and must perform such duties as are conferred or imposed upon him or her by or under this Act or any other law, and must obey all lawful directions which he or she may from time to time receive from a person having the authority to give such directions under this Act. |
| (2) | An investigator has the powers as provided for in the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which are bestowed upon a peace officer or a police official, relating to— |
| (a) | the investigation of offences; |
| (b) | the ascertainment of bodily features of an accused person; |
| (c) | the entry and search of premises; |
| (d) | the seizure and disposal of articles; |
| (e) | arrests; |
| (f) | the execution of warrants; and |
| (g) | the attendance of an accused person in court. |
(3)
| (a) | For the purposes of conducting an investigation, an investigator may direct any person to submit an affidavit or affirmed declaration or to appear before him or her to give evidence or to produce any document in that person's possession or under his or her control which has a bearing on the matter being investigated, and may question such person thereon. |
| (b) | An investigator or any person duly authorised thereto by him or her may request an explanation from any person whom he or she reasonably suspects of having information which has a bearing on a matter being or to be investigated. |
| (4) | A person questioned by an investigator conducting an investigation must answer each question truthfully and to the best of that person's ability, but— |
| (a) | a person is not obliged to answer any question if the answer is self-incriminating; and |
| (b) | the person asking the questions must inform that person of the right set out in paragraph (a). |
| (5) | No self-incriminating answer given or statement made by any person to an investigator exercising powers in terms of this Act will be admissible as evidence against that person in criminal proceedings instituted against that person in any court, except in criminal proceedings for perjury. |
