South African Institute for Drug Free Sport Act, 1997
R 385
Firearms Control Act, 2000 (Act No. 60 of 2000)Chapter 14 : Search and seizure115. Inspection, search and seizure for inquiry or investigation (with special warrant) |
| (1) | For purposes of any inquiry or investigation relating to the application of this Act and subject to subsection (4), the Registrar or any person authorised in writing by the Registrar may— |
| (a) | at any reasonable time and without prior notice, enter any business or industrial premises; or |
| (b) | at any reasonable time and with reasonable notice, enter any dwelling on or in which anything relating to the subject-matter of the inquiry or investigation is or is suspected to be. |
| (2) | The Registrar or person authorised may— |
| (a) | inspect and search any premises or dwelling contemplated in subsection (1) and make such enquiries as may be necessary for purposes of the inquiry or investigation; |
| (b) | examine anything found on the premises or dwelling which may have a bearing on the subject-matter of the inquiry or investigation; |
| (c) | request information or an explanation regarding such object from the owner or person in control of those premises or from any person in whose possession or under whose control anything referred to in paragraph (b) is found; |
| (d) | make copies of or extracts from any book or document found on or in the premises or dwelling which may have a bearing on the subject-matter of the inquiry or investigation and request an explanation of such book, document or any entry therein from any person suspected of having knowledge thereof; and |
| (e) | against the issue of a written receipt, seize anything on or in the premises or dwelling which may have a bearing on the subject-matter of the inquiry or investigation. |
| (3) | Any entry upon, inspection of or search of any premises or dwelling, or questioning of any person, in terms of this section must be carried out with strict regard to decency and order. |
| (4) | Any power contemplated in subsection (1) may be exercised only— |
| (a) | in terms of a warrant issued by a judge or magistrate; or |
| (b) | without warrant by a police official contemplated in paragraph (a) of the definition of ‘‘police official’’ in section 1 if— |
| (i) | there are reasonable grounds to believe that a warrant would be issued and the delay in obtaining the warrant would defeat the object for which the power is exercised; or |
| (ii) | the person who is competent to do so consents to the exercise of the power. |
(5)
| (a) | A warrant may only be issued if it appears from evidence under oath or on affirmation that there are reasonable grounds to suspect that anything referred to in subsection (2) is or may be on the premises or in the dwelling in question. |
| (b) | The evidence must contain information regarding the— |
| (i) | nature of the inquiry or investigation to be conducted; |
| (ii) | reason for or suspicion which gave rise to the inquiry or investigation; |
| (iii) | need for search and seizure in terms of this section; and |
| (iv) | premises on which the warrant is to be executed. |
| (6) | Subject to subsection (7), sections 21(3) and 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply, with the necessary changes, to the execution of a warrant or to a search in terms of this section. |
| (7) | A warrant contemplated in this section remains in force until— |
| (a) | it is executed; |
| (b) | it is cancelled; or |
| (c) | the expiry of three months from the date of its issue, whichever may occur first. |
