Older Persons Act, 2006
R 385
National Health Act, 2003 (Act No. 61 of 2003)Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures85. Identification prior to entry, and resistance against entry, by health officer or inspector |
| (1) | A health officer or an inspector who has obtained a warrant in terms of section 84(5) or the police official accompanying him or her, must immediately before entering the premises or health establishment in question, as the case may be— |
| (a) | audibly announce that he or she is authorised to enter the premises or health establishment and demand admission to the premises or establishment; and |
| (b) | notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such announcement or notification might defeat the purpose of the search. |
| (2) | The health officer or inspector, as the case may be, must— |
| (a) | hand to the person in control of the premises or health establishment a copy of the warrant or, if such person is not present, affix such a copy to a prominent place on the premises; and |
| (b) | on request of the person in charge of such premises or health establishment, show his or her certificate of appointment as health officer or inspector to that person. |
| (3) | A health officer or an inspector, as the case may be, or a police official contemplated in subsection (1) may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises or health establishment. |
| (4) | Before using force, the health officer or inspector, as the case may be, or police official must audibly demand admission and must announce the purpose of the entry, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search. |
[Section 85 amended by section 5 of Act No. 12 of 2013]
