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Meat Safety Act, 2000 (Act No. 40 of 2000)

16. Entry and search of premises

 

 

1) The national executive officer may, on the authority of a warrant issued in terms of subsection (2)-
a) in order to obtain evidence, enter any premises where he or she has reason to believe that any scheme, prohibition, control or instruction contemplated in this Act has been or is being contravened;
b) direct the owner or a person employed at the premises-
i) to deliver any book, record or other document that pertains to the investigation and which is in the possession or under the control of the owner or that person;
ii) to furnish such information as he or she has with regard to the matter under investigation; and
iii) to render such assistance as the national executive officer requires in order to enable him or her to perform his or her functions under this Act;
c) inspect any book, record or other document and make copies thereof or excerpts therefrom;
d) examine any animal, meat, animal product, substance or material found on the premises;
e) take samples of any animal, meat or animal product or any substance or material used or intended for use in the treatment of meat, and test, examine, analyse, grade or classify such samples;
f) seize any animal, meat, meat product, substance, material, book, record or other document which might be relevant to a prosecution under this Act and keep it in his or her custody; and
g) remove anything seized from the premises where it has been seized, or leave it at the premises and, if he or she deems it necessary, attach an identification mark or seal thereto, or to the container thereof, but the person from whose possession or control any book, record or document has been taken, may, at his or her own expense and under supervision of the national executive officer, make copies thereof or excerpts therefrom.

 

2) A warrant referred to in subsection (1) must be issued by a judge of the High Court or by, a magistrate who has jurisdiction in the area where the premises in question are situated, and may only be issued if it appears from information on oath or on affirmation that there are reasonable grounds for believing that an article or thing referred to in subsection (1) is upon or in such premises, and must specify which of the acts mentioned in that subsection may be performed thereunder by the person to whom it is issued.

 

3) The national executive officer executing a warrant in terms of this section must immediately before commencing the execution identify himself or herself to the person in control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the premises.

 

4)
a) The national executive officer may not enter upon or search any premises until he or she has audibly demanded admission to the premises and has notified the purpose of his or her entry, unless he or she is, on reasonable grounds, of the opinion that any article or thing might be destroyed if admission is first demanded and such purpose is first notified.
b) If the national executive officer, on the authority of a warrant issued in terms of subsection (2), enters upon or searches any premises he or she may use such force as may reasonably be necessary to overcome resistance to such entry or search.
c) Any entry and search in terms of this section may only be executed by day, unless the execution thereof by night is justifiable and necessary.

 

5) A warrant contemplated in this section may be issued on any day and is in force until-
a) it is executed;
b) it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority;
c) one month from the date of its issue has expired; or
d) the purpose for which the warrant was issued, no longer exists,

whichever occurs first.

 

6) The national executive officer may without a warrant enter upon any premises, other than a private dwelling, and’ search for, seize and remove any article or thing referred to in subsection (1) if-
a) the person who is competent to do so consents to such entry, search, seizure and removal; or
b) there are reasonable grounds to believe that a warrant would be issued in terms of subsection (2) and the delay in obtaining such warrant would defeat the object of the warrant.

 

7) If, during the execution of a warrant or during a search in terms of this section, a person claims that an article or document found upon or in the premises in question contains privileged information and refuses the inspection of such article or document, the national executive officer may request the Registrar of the High Court which has jurisdiction or’ that Registrar’s delegate, to attach and remove that article or document for safe custody until a court of competent jurisdiction has made a ruling on the question whether or not the information in question is privileged.

 

8)
a) Subject to subsection (9), the national executive officer must deliver anything seized in terms of subsections (1) and (6) without delay to a police official contemplated in section 30 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), who must deal with and dispose of the seized item as provided for in Chapter 2 of that Act.
b) When a police official acts in terms of section 30(a) or (b) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in respect of an item contemplated in paragraph (a), he or she must do so after consultation with the national executive officer.

 

9)
a) The national executive officer retains control over and possession of any meat which on reasonable grounds is suspected of not being approved for human and animal consumption, and any animal product which is or which is on reasonable grounds suspected of not being so approved.
b) The national executive officer may dispose of any meat or animal product referred to in paragraph (a).
c) Before any meat or animal product is disposed of in terms of paragraph (b), the national executive officer must place it at the disposal of a police official for such investigation as the police official may deem necessary.