| (1) |
A health officer or inspector may, where necessary, be accompanied by a police official and may, on the authority of a warrant issued in terms of subsection (5) and subject to sections 85 and 86A, enter any premises, including a private dwelling, or health establishment, as the case may be, specified in the warrant, and— |
| (a) |
inspect, photograph, copy, test and examine any document, record, object or material, or cause it to be inspected, photographed, copied, tested and examined; |
| (b) |
seize any document, record, object or material if he or she has reason to suspect that it might be used as evidence in a criminal trial; and |
| (c) |
examine any activity, operation or process carried out on the premises or health establishment. |
| (2) |
A health officer or an inspector who removes anything from the premises or health establishment being searched, as the case may be, must— |
| (a) |
issue a receipt for it to the owner or person in control of the premises or health establishment; and |
| (b) |
unless it is an item prohibited in terms of this Act, return it as soon as practicable after achieving the purpose for which it was removed. |
| (3) |
Upon the request of a health officer or an inspector acting in terms of a warrant issued in terms of subsection (5), the occupant and any other person present on the premises or health establishment, as the case may be, must— |
| (a) |
make available or accessible or deliver to the health officer or inspector any document, record, object or material which pertains to an investigation or inspection contemplated in subsection (1) and which is in the possession or under the control of the occupant or other person; |
| (b) |
furnish such information as he or she has with regard to the matter under investigation or inspection; and |
| (c) |
render such reasonable assistance as the health officer or inspector may require to perform his or her functions efficiently in terms of this Act. |
| (4) |
Before questioning any person at the premises or health establishment in question, the health officer, inspector or police official must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right. |
| (5) |
A warrant contemplated in subsection (1) may be issued by a judge or a magistrate— |
| (a) |
in relation to the premises or health establishment on or from which there is reason to believe an act has been or is being committed in contravention of this Act; and |
| (b) |
if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises or health establishment of a contravention of this Act. |
| (6) |
The warrant may impose restrictions on the powers of the health officer or inspector. |
| (7) |
A warrant issued in terms of this section— |
| (a) |
remains in force until— |
| (ii) |
it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; |
| (iii) |
the expiry of one month from the day of its issue; or |
| (iv) |
the purpose for the issuing of the warrant has lapsed, whichever occurs first; and |
| (b) |
must be executed by day unless the person who issues the warrant authorises the execution thereof by night. |
| (8) |
No person is entitled to compensation for any loss or damage arising out of any bona fide action by a police official, a health officer or an inspector under this section. |
[Section 84 amended by section 5 of Act No. 12 of 2013]
Copyright Act, 1978
