| (1) |
Any member of a Special Investigating Unit or a police officer authorised thereto by a member of the Special Investigating Unit may, for the purposes of performing the functions and exercising the powers mentioned in sections 4 and 5, and subject to the provisions of this section, enter and search any premises on or in which anything connected with an investigation is or is suspected to be. |
| (2) |
The entry and search of any premises under this section must be conducted with strict regard to decency and order, including the protection of a person's right to— |
| (a) |
respect for his or her dignity; |
| (b) |
freedom and security; and |
| (c) |
his or her personal privacy. |
| (3) |
A member or police officer contemplated in subsection (1) may, subject to the provisions of this section— |
| (a) |
inspect and search the premises concerned, and there make such enquiries as he or she may deem necessary; |
| (b) |
examine any book, document or object found on or in the premises; |
| (c) |
request information regarding such book, document or object from the owner or person in control of the premises or from any person in whose possession or control that book, document or object is, or who may reasonably be expected to have the necessary information; |
| (d) |
make copies of or take extracts from any book or document found on or in the premises; |
| (e) |
attach anything on or in the premises which has a bearing on the investigation; |
| (f) |
if he or she wishes to retain anything contemplated in paragraph (e) for further examination or for safe custody, remove it from the premises against the issue of a receipt: Provided that any book, document or object so removed and which is not intended to be presented as evidence in subsequent proceedings before a Special Tribunal or a court of law, must be returned as soon as practicable after the purpose for which it was removed, has been achieved: Provided further that if there is no person present to receive the receipt when it is issued, it must be affixed to a prominent place on the premises. |
| (4) |
Any person from whom information is required in terms of subsection (3)(a) and (c) may be assisted in supplying the information by his or her legal representative and must be so informed before being required to give such information, |
(5)
| (a) |
Subject to subsection (6), the premises referred to in subsection (1) shall only be entered by virtue of an entry war-rant issued by a member of a Special Tribunal, magistrate or judge of the Supreme Court, other than the Head of the Special Investigating Unit concerned, if it appears to such member, magistrate or judge from information on oath that there are reasonable grounds for believing that any book, document or object which may have a bearing on the investigation— |
| (i) |
is in the possession or under the control of any person or on or in any premises within the area of jurisdiction of such Special Tribunal, magistrate or judge; and |
| (ii) |
cannot reasonably be obtained in any other manner. |
| (b) |
A warrant referred to in subsection (1) may be issued on any day and shall be of 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; or |
| (iii) |
the expiry of one month from the day of its issue, |
whichever may occur first.
| (c) |
A person executing a warrant under this section must, at the commencement of such execution, identify himself or herself to the person referred to in the warrant or the owner or the person in control of the premises and hand to such person a copy of the warrant: Provided that if no such person is present, he or she must affix a copy of the warrant to the premises at a prominent and visible place. |
| (6) |
Subject to subsections (2), (3)(f), (7), (8), (9) and (10), any member of a Special Investigating Unit or a police officer at the request of such a member, may, without an entry and search warrant, enter and search any premises for the purpose of attaching and removing, if necessary, any book, document or object— |
| (a) |
if the person or persons who are competent to consent to the entering and search for and seizure and removal of any book, document or object consent to such entering, search, seizure and removal of the book, document or object concerned; or |
| (b) |
if he or she, on reasonable grounds believes— |
| (i) |
that a warrant will be issued to him or her under subsection (5) if he or she were to apply for such warrant; and |
| (ii) |
that the delay in obtaining such a warrant would defeat the object of the entry and search. |
| (7) |
An entry and search under this section must be executed by day unless the execution thereof by night is justifiable and necessary. |
(8)
| (a) |
A person who may lawfully under this section enter and search any premises may use such force as may be necessary to overcome any resistance against such entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person must first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter and search such premises. |
| (b) |
The proviso to paragraph (a) does not apply where the person concerned is on reasonable grounds of the opinion that any book, document or object which is the subject of the search may be destroyed, disposed of or tampered with if the provisions of the said proviso are first complied with. |
| (9) |
If during the execution of a warrant or search under this section, a person claims that any book, document or object found on or in the premises contains privileged information and refuses the inspection or removal of such book, document or object, the person executing the warrant may request the secretary of the Special Tribunal which has jurisdiction or his or her delegate, to cause that book, document or object to be attached and removed in the manner prescribed by the rules for safe custody until such Special Tribunal has made a ruling on the question whether or not the information in question is privileged. |
| (10) |
The member or police officer referred to in subsection (6) must identify himself or herself at the request of the owner or the person in control of the premises. |
Statistics Act, 1999
