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Liquor Act, 2003 (Act No. 59 of 2003)

Chapter 4 : Compliance

26. Functions of inspectors

 

(1) An inspector may—
(a) investigate complaints submitted to the inspector in the prescribed manner and form; and
(b) subject to this Act or any other law that authorises the inspector to conduct an inspection—
(i) monitor and enforce compliance with this Act or that law; or
(ii) conduct an inspection under this Act or that law.

 

(2) Subject to sections 28(3) and 30(3) and (5), and the provisions of any other law, an inspector may—
(a) question any person whom the inspector believes may have information relevant to an inspection;
(b) question any person present on any premises being inspected, in respect of any matter which may be relevant to the inspection;
(c) inspect any document that—
(i) a person is required to maintain in terms of this Act or any other relevant law; or
(ii) may be relevant to any liquor-related inspection;
(d) copy any document referred to in paragraph (c), or if necessary, remove the document in order to copy it;
(e) take samples of any substance that is relevant to the inspection;
(f) seize—
(i) any liquor that appears to have been manufactured contrary to section 4(2);
(ii) any liquor, if it appears that the liquor is being distributed contrary to section 4(2);
(iii) any methylated spirits that appears to have been manufactured or sold contrary to this Act; or
(iv) any substance that appears to be prohibited in terms of section 6.
(g) for the purpose of the inspection, take photos or make audio-visual recordings of anything or any person, process, action or condition implicated in the inspection on or regarding any premises; and
(h) do all things necessary for conducting the inspection.

 

(3) An inspector who—
(a) seizes any goods in terms of subsection (2)(f), must—
(i) issue a receipt for the goods to the owner of or person in control of the premises; and
(ii) secure the seized goods, pending a decision concerning forfeiture of those goods in terms of section 35(2); or
(b) removes anything from premises being inspected, must—
(i) issue a receipt for it to the owner of or person in control of the premises; and
(ii) unless it is a substance contemplated in subsection (2)(e), return it as soon as practicable after achieving the purpose for which it was removed.

 

(4) An inspector may be accompanied during an inspection by a member of the South African Police Service and any other person reasonably required to assist in conducting the inspection.