| (1) |
Any commissioner, member of the staff of the Commission or police officer authorized thereto by a commissioner may on the authority of an entry warrant, issued in terms of subsection (2), enter upon any premises in or upon which any article or thing— |
| (a) |
which is concerned with or is upon reasonable grounds suspected to be concerned with any matter which is the subject of any investigation in terms of this Act; |
| (b) |
which contains, or is upon reasonable grounds suspected to contain, information with regard to any such matter, is or is upon reasonable grounds suspected to be, |
and may on the authority of a search warrant, issued in terms of subsection (2)—
| (i) |
inspect and search such premises and there make such inquiries as he or she may deem necessary; |
| (ii) |
examine any article or thing found in or upon such premises; |
| (iii) |
request from the person who is in control of such premises or in whose possession or under whose control any article or thing is when it is found, or who is upon reasonable grounds believed to have information with regard to any article or thing, an explanation or information; |
| (iv) |
make copies of or extracts from any such article found upon or in such premises; |
| (v) |
seize any article or thing found upon or in such premises which he or she upon reasonable grounds suspects to be an article or thing mentioned in paragraph (a) or (b); |
| (vi) |
after having issued a receipt in respect thereof remove any article or thing found on such premises and suspected upon reasonable grounds to be an article or thing mentioned in paragraph (a) or (b), and retain such article or thing for a reasonable period for the purpose of further examination or, in the case of such article, the making of copies thereof or extracts therefrom: Provided that any article or thing that has been so removed, shall be returned as soon as possible after the purpose of such removal has been accomplished. |
| (2) |
An entry or search warrant referred to in subsection (1) shall be issued by a judge of the Supreme Court or by a magistrate who has jurisdiction in the area where the premises in question are situated, and shall only be issued if it appears to the judge or magistrate from information on oath that there are reasonable grounds for believing that an article or thing mentioned in paragraph (a) or (b) of subsection (1) is upon or in such premises, and shall specify which of the acts mentioned in paragraph (b) (i) to (vi) of that subsection may be performed thereunder by the person to whom it is issued. |
| (3) |
A warrant issued in terms of this section shall be executed by day unless the person who issues the warrant authorizes the execution thereof by night at times which shall be reasonable and any entry upon or search of any premises in terms of this section shall be conducted with strict regard to decency and order, including— |
| (a) |
a person's right to, respect for and the protection of his or her dignity; |
| (b) |
the right of a person to freedom and security; and |
| (c) |
the right of a person to his or her personal privacy. |
[Subsection (3) substituted by section 16(c) of Act No. 87 of 1995]
| (4) |
Any person executing a warrant in terms of this section shall immediately before commencing with the execution— |
| (a) |
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; |
| (b) |
supply such person at his or her request with particulars regarding his or her authority to execute such a warrant. |
(5)
| (a) |
Any commissioner, or any member of the staff of the Commission or police officer at the request of a commissioner, may without a warrant enter upon any premises, other than a private dwelling, and exercise the powers referred to in subsection (1) (b) (i) up to and including (vi)— |
| (i) |
if the person who is competent to do so consents to such entry, search, seizure and removal; or |
| (ii) |
if he or she upon reasonable grounds believes that— |
| (aa) |
the required warrant will be issued to him or her in terms of subsection (2) if he or she were to apply for such warrant; and |
| (bb) |
the delay caused by the obtaining of any such warrant would defeat the object of the entry, search, seizure and removal. |
[Subsection (5)(a) substituted by section 16(d) of Act No. 87 of 1995]
| (b) |
Any entry and search in terms of paragraph (a) shall be executed by day, unless the execution thereof by night is justifiable and necessary. |
(6)
| (a) |
Any person who may on the authority of a warrant issued in terms of subsection (2), or under the provisions of subsection (5), enter upon and search any premises, may use such force as may be reasonably necessary to overcome resistance to such entry or search. |
| (b) |
No person may enter upon or search any premises unless he or she has audibly demanded admission to the premises and has notified the purpose of his or her entry, unless such person is upon reasonable grounds of the opinion that any article or thing may be destroyed if such admission is first demanded and such purpose is first notified. |
| (7) |
If during the execution of a warrant or the conducting of a search in terms of this section, a person claims that an article found on or in the premises concerned contains privileged information and refuses the inspection or removal of such article, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the article contains information which is relevant to the investigation and that such information is necessary for the investigation or hearing, request the registrar of the Supreme Court which has jurisdiction or his or her delegate, to seize and remove that article for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not. |
| (8) |
A warrant issued in terms of this section may be issued on any day and shall be of force until— |
| (b) |
it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; or |
| (c) |
the expiry of one month from the day of its issue; or |
| (d) |
the purpose for the issuing of the warrant has lapsed, |
whichever may occur first.
[Date of commencement of section 32: 10 April 1996]
Gas Regulator Levies Act, 2002
