| (1) |
An investigating officer contemplated in section 31(1) or (2) may, with the approval of the Council and without an entry or search warrant, enter and search any premises, other than a private dwelling, to carry out an investigation contemplated in section 31(5) if— |
| (a) |
a person who is competent to do so, consents to such entry, search or seizure; or |
| (b) |
the investigating officer, on reasonable grounds, believes— |
| (i) |
that a warrant would be issued to him or her if he or she were to apply for that warrant; and |
| (ii) |
the delay in obtaining that warrant would defeat the purpose of the entry. |
| (2) |
An entry and search under this section must be executed by day, unless the execution thereof by night is justifiable and necessary. |
| (3) |
An investigating officer must identify himself or herself to any person concerned during entry or search. |
| (4) |
During the search of the premises, or at any other time, an investigating officer may— |
| (a) |
request any person found on the premises to immediately, or at a time and place determined by the investigating officer— |
| (i) |
produce any book, record, document or thing which relates to, or which on reasonable grounds is believed to relate to, the matter under investigation, and which is or was on the premises or in the possession or custody or under control of that person or his or her employee or agent; |
| (ii) |
furnish such explanations as may be required in respect of any such book, record, document or thing; |
| (b) |
request from any person who has or is suspected on reasonable grounds of having in his or her possession or custody or under his or her control any book, record, document or thing relating to the matter which is being investigated, to produce it immediately or at a time and place determined by the investigating officer, for examination of such book, record, document or thing, or to make extracts or copies from such book or document, and may further request that person to furnish such explanations as are required in respect of any entry in that book or document. |
| (5) |
A person who carries out an investigation in terms of this section— |
| (a) |
must preserve secrecy in respect of any facts which come to his or her notice in the performance of his or her functions; and |
| (b) |
may not disclose any such fact to any person except to the registrar, or to the chairperson, or any other member of the Council, or to the public prosecutor concerned in the case of an offence in terms of this or any other Act, or by order of a court. |
| (6) |
Notwithstanding subsection (5), no personal particulars regarding a patient may be disclosed to any person except in terms of a court order or with the consent of the presiding officer at an inquiry contemplated in this Act. |
| (7) |
The court order contemplated in subsection (6) must be executed as if it were a judgment in a civil case in a magistrate’s court. |
| (a) |
refuses or neglects to produce any book, record, document or thing to a person authorised under this section; |
| (b) |
hinders or obstructs the investigating officer in the exercise of his or her powers or in the performance of his or her duties; |
| (c) |
pretends that he or she is an investigating officer; or |
| (d) |
contravenes a provision of subsection (5) or (6), |
is guilty of an in the offence and liable on conviction—
| (i) |
case of a contravention contemplated in paragraph (a), (b) or (c), to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment; or |
| (ii) |
in the case of a contravention contemplated in paragraph (d), to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment. |
| (9) |
This section does not preclude any other authority that is otherwise authorized from instituting an investigation into any alleged contravention of, or failure to comply with, any provision of this Act. |
Special Investigating Units and Special Tribunals Act, 1996
