| (a) |
any person may be in possession of information relevant to— |
| (i) |
the commission or intended commission of an alleged offence under Chapter 2; or |
| (aa) |
may have been used in the commission, or for the purpose of or in connection with the commission, of an offence under this Act; |
| (bb) |
may have facilitated the commission of an offence under this Act, or enabled any entity to commit such an offence, or provided financial or economic support to an entity in the commission of such an offence; or |
| (cc) |
may afford evidence of the commission or intended commission of an offence referred to in subparagraph (i); |
| (b) |
there may be in any building, receptacle or place, or in the possession, custody or control of any entity any property referred to in paragraph (a) (ii); or |
| (c) |
any entity may be in possession, custody or control of any documentary material relevant— |
| (i) |
to an alleged offence referred to in paragraph (a) (i); or |
| (ii) |
in respect of any property referred to in paragraph (a) (ii) or (b), |
he or she may, prior to the institution of any civil or criminal proceeding, under written authority direct that a Director of Public Prosecutions shall have, in respect of a specific investigation, the power to institute an investigation in terms of the provisions of Chapter 5 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), relating to the commission or intended commission of an alleged offence referred to in paragraph (a) (i) or any property contemplated in paragraph (a) (ii), or to any property referred to in paragraph (b), or to the possession, custody or control of any documentary material referred to in paragraph (c).
| (2) |
For purposes of subsection (1), a reference in the said Chapter 5 to— |
| (a) |
the "head of the Directorate of Special Operations" or an "Investigating Director" shall be construed as a reference to a Director of Public Prosecutions authorized under subsection (1): Provided that for purposes of section 28 (2) (a) of the said Act, a Director of Public Prosecutions, may only designate a Deputy Director of Public Prosecutions; |
| (b) |
a "special investigator" shall be construed as to include a "police official". |
| (3) |
If any property, contemplated in subsection (1) (a) (ii), seized under any power exercised under subsection (1), consists of cash or funds standing to the credit of a bank account, the Director of Public Prosecutions who has instituted the investigation under that subsection, shall cause the cash or funds to be paid into a banking account which shall be opened with any bank as defined in section 1 of the Banks Act, 1990 (Act 94 of 1990), and the Director of Public Prosecutions shall forthwith report to the Financial Intelligence Centre established in terms of section 2 (1) of the Financial Intelligence Centre Act, 2001 (Act 38 of 2001), the fact of the seizure of the cash or funds and the opening of the account. |
Older Persons Act, 2006
