[Section 27 heading substituted by section 25 of Act No. 47 of 2003]
| (1) |
The registrar may designate a suitable person (hereinafter referred to as an inspector) to exercise and perform periodic regulatory inspections and investigations at the business premises of any agent with a view to determining whether the provisions of sections 18, 19, 20 and 21 and the rules pertaining thereto have been complied with, and for that purpose an inspector shall be entitled to enter such business premises and to exercise any of the powers referred to and in accordance with subsection (4) insofar as they relate to the aforesaid sections and rules. |
| (2) |
An inspector shall be furnished with a Certificate of appointment signed by or on behalf of the council in which it is stated that he or she is an inspector appointed in terms of this Act. |
| (3) |
An inspector shall, when performing any functions in terms of this Act, have his or her certificate of appointment in his or her possession. |
| (4) |
In order to obtain any information required by the registrar in relation to a complaint, charge or allegation lodged, an inspector may he designated who may, subject to this section, enter any premises on or in which any book, document or other object connected with such investigation is or suspected to be, and may— |
| (a) |
inspect or search those premises, and there make such investigations or inquiries as may be necessary for the purpose of obtaining any such information; |
| (b) |
examine any object found on or in the premises which has or might have a bearing on the investigation in question and request from the owner or person in charge of the premises or from any person in whose possession or charge that object is, information regarding that object; |
| (c) |
make copies of or extracts from any book or document found on or in the premises which has or might have a bearing on the investigation in question. and request from any person who is suspected of having the necessary information an explanation of any entry therein; |
| (d) |
seize, against the issue of a receipt, anything on or in the premises which has or might have a bearing on the investigation i n question, if the inspector needs to retain it for further examination or for safe custody. |
| (5) |
Unless the owner or person in charge of the premises has consented thereto in writing an inspector shall enter premises and exercise any power contemplated in subsection (4) only under a search warrant, which may only be issued by the court if it appears to that court from information given to the court on oath or solemn affirmation that there are reasonable grounds to suspect— |
| (a) |
that a contravention of this Act or the rules has taken place or is taking place; and |
| (b) |
that a book, document or other object which may afford evidence of such contravention is on or in those premises. |
| (6) |
A search warrant contemplated in subsection (5) shall— |
| (a) |
authorize an inspector mentioned in the warrant to enter the premises identified in the warrant for the purpose of exercising any power contemplated in subsection (4); |
| (b) |
be executed by day, unless the court authorizes the execution thereof during the night; |
| (c) |
be of force until it is executed or cancelled by the court, or a period of one month from the day of its issue expires, whichever occurs first. |
| (7) |
An inspector referred to in subsection (1) or an inspector executing a search warrant under subsection (6) shall, before such execution, upon demand by any person whose rights may be affected— |
| (a) |
show that person his or her certificate of appointment; |
| (b) |
hand to that person a copy of the warrant if he or she is acting in terms of subsection (5). |
| (8) |
A person from whose possession or charge a book or document has been taken under this section shall, as Ions as the book or document is in the possession or charge of the inspector or of the council, be allowed on request to make copies thereof or to take extracts therefrom at any reasonable time at his or her own expense and under the supervision of that inspector or a person in the service of the council. |
| (9) |
A person shall be guilty of an offence if— |
| (a) |
he or she obstructs or hinders an inspector in the performance of the inspector's functions in terms of this section; |
| (b) |
after an inquiry having been made of him or her under subsection (4)(a) or after having been requested for information or an explanation under subsection (4)(b) or (c)— |
| (i) |
he or she refuses to answer. or to answer fully and satisfactorily to the best of his of her knowledge and belief, such inquiry or request for information; or |
| (ii) |
gives an answer or information or an explanation which is false or misleading, knowing it to be false or misleading. |
| (10) |
Any person from whom information or an explanation has been requested in terms of this section shall not be entitled to refuse to answer any question or to produce any book, document or object on the ground that he or she would thereby be exposed to a criminal or disciplinary charge: Provided that, to the extent that such answer, book, document or article does expose the person to a disciplinary or criminal charge, no evidence thereof shall be admissible in any disciplinary or criminal proceedings against that person except where the person stands trial on a charge contemplated in subsection (9)(b). |
| (11) |
An inspector who is not in the full-time service of the State shall be appointed on such conditions and at such remuneration as the council may determine. |
[Section 27 substituted by section 25 of Act No. 47 of 2003]
Civil Aviation Act, 2009
