Mandating Procedures of Provinces Act, 2008
R 385
International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart E – Powers of investigative search and inspections42. Conduct of entry and search |
| (1) | A person who enters and searches any premises must conduct the entry and search with strict regard for decency and order, and with regard for each person's right to dignity, freedom, security and privacy. |
| (2) | During a search only a female investigating officer or female police officer may search a female person, and only a male investigating officer or male police officer may search a male person. |
| (3) | A person who enters and searches premises must, before questioning anyone— |
| (a) | advise that person of the right to legal representation; and |
| (b) | allow that person to exercise that right. |
| (4) | A person who removes anything from premises being searched must— |
| (a) | issue a receipt for it to the owner, or person in control of, the premises; and |
| (b) | return it as soon as practicable after achieving the purpose for which it was removed. |
| (5) | Any person who has custody or control of goods, books or documents referred to in section 41, must, subject to subsection (6), give the investigating officer the necessary assistance to examine those goods, books or documents, when requested to do so by the investigating officer. |
| (6) | During a search, a person may refuse to permit the inspection or removal of an article or document on the grounds that it contains confidential information. |
| (7) | If the owner or person in control of an article or document refuses, in terms of subsection (6), to give that article or document to the person conducting the search, the person conducting the search may request the registrar or sheriff of a High Court that has jurisdiction to attach and remove the article or document for safe custody until that court determines whether or not the information is confidential. |
| (8) | Section 40(3) applies to an answer given or statement made to an investigating officer in terms of section 41. |
| (9) | A person authorised to conduct an entry and search may be accompanied and assisted by a police officer. |
| (10) | A police officer who is acting in terms of subsection (9), may, if entry and search is refused, overcome resistance to the entry and search by using as much force as is reasonably required, including breaking a door or window of the premises. |
| (11) | The police officer must, before using force in terms of subsection (10), audibly demand admission and announce the purpose of the entry, unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search. |
| (12) | The Commission may compensate anyone who suffers damage because of a forced entry during a search when no one responsible for the premises was present. |
