The meeting at the offices of Metro on 20 April 2000 was attended by Holsthauzen, Beswick, Metro’s attorney and two investigating officers of the Committee. The bookkeeper was not available and Ms Strydom, the company secretary, attended the meeting for a short period in order to answer a number of questions about the accounting procedures followed by Metro.

In terms of section 7 of the Act, investigating officers may, inter alia, at all reasonable times, enter any premises on or in which any book, statement or document connected with a particular investigation is or is reasonably suspected to be, and may inspect or search those premises and examine any book, statement or document found. Investigating officers shall enter premises and exercise any powers in terms of section 7 only under a search warrant issued by a magistrate, unless the owner or person in charge of the premises concerned has consented thereto in writing.

Holsthauzen signed a document in the presence of his attorney confirming that the two investigating officers of the Committee presented him with their letters of appointment as investigating officers as well as their identity documents. He also confirmed that he had read sections 7.3, 7.3A, 7.3B and 7.4 of the Act and that he consented to the investigating officials entering the offices of Metro and exercising any powers contemplated in subsection 7.3 of the Act without obtaining a search warrant. This consent applied for the duration of the investigation.

The unavailability of the bookkeeper at the meeting and at his offices in Benoni meant that certain questions could not be answered and the attorney undertook to arrange a meeting with the bookkeeper on 26 April 2000 or 28 April 2000. An official of the Committee called the attorney on 25 April 2000 and 26 April 2000 to confirm whether the meeting had been arranged. It appeared that the bookkeeper could not be contacted as he had taken advantage of the many public holidays towards the end of April 2000. Eventually it was agreed that a meeting take place on 9 May 2000.