Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart E – Powers of investigative search and inspections43. Power to enter and search under warrant |
| (1) | A judge of a High Court, regional magistrate or a magistrate may issue a warrant to enter and search any premises that are within the jurisdiction of that judge or magistrate, if, from information on oath or affirmation, there are reasonable grounds to believe that anything connected with an investigation in terms of this Act is in the possession of, or under the control of, a person who is on or in those premises. |
| (2) | A warrant to enter and search may be issued at any time and must specifically— |
| (a) | identify the premises that may be entered and searched; and |
| (b) | authorise an investigating officer or a police officer to enter and search the premises and to do anything referred to in section 45. |
| (3) | A warrant to enter and search is valid until the— |
| (a) | warrant is executed; |
| (b) | warrant is cancelled by the person who issued it or, in that person's absence, by a person with similar authority; |
| (c) | purpose for issuing it has lapsed; or |
| (d) | expiry of one month after the date that it was issued. |
| (4) | A warrant to enter and search may be executed only during the day, unless the person who issued it authorises that it may be executed at night at a time that is reasonable in the circumstances. |
| (5) | A person executing a warrant must before commencing with the execution of the warrant— |
| (a) | provide identification to the owner or person in control of the premises and explain to that person the purpose of the warrant; and |
| (b) | hand a copy of the warrant to that person or to the person named in it. |
| (6) | If no one is present on the premises, affix a copy of the warrant to the premises in a prominent and visible place. |
