Second-Hand Goods Act, 2009
R 385
Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)Chapter III : General Provisions32A. Powers of inspectors |
| 1) | Any inspector furnished with inspection authority in writing by the board may conduct an investigation to determine whether the provisions of this Act are being or have been complied with and may, subject to subsection (5), for that purpose, without giving prior notice, at all reasonable times - |
| a) | enter any place in respect of which he has reason to believe that - |
| i) | any person there is performing an act as an estate agent; |
| ii) | it is connected with an act performed by an estate agent; |
| iii) | there are books, records or documents to which the provisions of this Act are applicable; |
| b) | order any estate agent or the manager, employee or agent of any estate agent - |
| i) | to produce to him the fidelity fund certificate of that estate agent; |
| ii) | to produce to him any book, record or other document in the possession or under the control of that estate agent, manager, employee or agent; |
| iii) | to furnish him, at such place and in such manner as he may reasonably specify, with such information in respect of that fidelity fund certificate, book, record or other document as he may desire; |
| c) | examine or make extracts from or copies of any such fidelity fund certificate, book, record or other document; |
| d) | seize and retain any such fidelity fund certificate, book, record or other document to which any prosecution or charge of conduct deserving of sanction under this Act may relate: Provided that the person from whose possession or custody any fidelity fund certificate, book, record or other document was taken, shall at his request shall be allowed to make, at his own expense and under the supervision of the inspector concerned, copies thereof or extracts therefrom. |
| 2) | No person shall - |
| a) | fail on demand to place at the disposal of any inspector anything in his possession or under his control or on his premises which may relate to any inspection; |
| b) | hinder or obstruct any inspector in the exercise of his powers under this section; |
| c) | falsely hold himself out to be an inspector. |
| 3) | Any inspector shall issue a receipt to the owner or person in control of anything seized and retained under this section. |
| 4) | Any inspector who exercises any power in terms of this section shall, at the request of any person affected by the exercise of that power, produce the inspection authority in writing furnished to him in accordance with subsection (1). |
| 5) | Notwithstanding anything contained in this section, the provisions thereof, excluding subsection (2)(c), shall not apply in respect of - |
| a) | any attorney, member of a professional company or articled clerk, as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), or any employee of any such attorney, member or company; |
| b) | any premises from which such attorney or company conducts his or its practice; and |
| c) | any book, record or document on such premises or in the possession or under the control of any person referred to in paragraph (a). |
