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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 4 : Investigation, evaluation and adjudication procedures

Part E – Powers of investigative search and inspections

44. Power to enter and search without warrant

 

(1) An investigating officer may, without a warrant, enter and search premises other than a private dwelling.

 

(2) The investigating officer conducting the search must, before entering and searching—
(a) believe on reasonable grounds that a warrant would be issued under section 43 if applied for, and that the delay in obtaining a warrant would defeat the object or purpose of the entry and search; and
(b) provide identification to the owner or person in control of the premises and explain to that person the purpose of the search; or
(c) get permission from that person to enter and search the premises.

 

(3) An entry and search without a warrant may be carried out only during the day, unless carrying it out at night is justifiable and necessary.