Intellectual Property Rights from Publicly Financed Research and
R 385
Liquor Act, 2003 (Act No. 59 of 2003)Chapter 4 : Compliance27. Entry of premises with warrant |
| (1) | An inspector may enter any premises if a magistrate has issued a warrant to do so in accordance with subsection (2). |
| (2) | A magistrate may issue a warrant to enter and inspect any premises, if, on the basis of information provided in writing and on oath, the magistrate has reason to believe that— |
| (a) | this Act is not being complied with; and |
| (b) | the entry and inspection are necessary, in the interest of the public, to obtain information— |
| (i) | that is related to the alleged failure to comply with this Act; and |
| (ii) | that cannot be obtained without entering those premises. |
| (3) | A warrant in terms of subsection (2) may be issued at any time and must specifically— |
| (a) | identify the premises that may be entered and inspected; and |
| (b) | authorise the inspector to enter and inspect the premises and to do anything contemplated in section 26. |
| (4) | A warrant in terms of subsection (2) is valid until— |
| (a) | It is executed; |
| (b) | it is cancelled by the magistrate who issued it or, in that magistrate’s absence, by a person with similar authority; |
| (c) | the purpose for which it was issued has fallen away; or |
| (d) | 90 days have elapsed since the date it was issued. |
| (5) | Before commencing an inspection under a warrant, an inspector must— |
| (a) | if the owner of or a person in control of the premises is present— |
| (i) | provide identification to that owner or person in control of the premises, and explain to that person the authority by which the inspection is being conducted, and show that person the inspector’s certificate of designation; and |
| (ii) | hand a copy of the warrant to that person or a person named in it; or |
| (b) | attach a copy of the warrant to the premises in a prominent and visible place if— |
| (i) | the owner is absent and there is no person in control of the premises; or |
| (ii) | the owner or person in control of the premises refuses to accept a copy. |
