| (1) |
An inspector of the Inspectorate may, on the authority of a warrant issued in terms of subsection (3), enter any premises specified in the warrant, including a private dwelling, and— |
| (a) |
inspect, photograph, copy, test and examine any document, record, object or material which he or she suspects might contribute to the investigation authorised by the warrant, or cause it to be inspected, photographed, copied, tested and examined; |
| (b) |
seize any such document, record, object or material if he or she has reason to suspect that it might be useful as evidence in a criminal trial; and |
| (c) |
examine any activity, operation or process carried out on the premises. |
| (2) |
Upon the request of an inspector acting in terms of a warrant issued in terms of subsection (3), the occupant and any other person present on the premises must— |
| (a) |
make available or accessible or deliver to the inspector any document, record, object or material which pertains to the investigation and which is in the possession or under the control of the occupant or other person; |
| (b) |
furnish such information as he or she has with regard to the matter under investigation; and |
| (c) |
render such reasonable assistance as the inspector may require to perform his or her functions in terms of this Act efficiently. |
(3) A warrant contemplated in subsection (1) may be issued by a judge or a magistrate—
| (a) |
in relation to premises on or from which there is reason to believe that trade in controlled items is being conducted in contravention of this Act; and |
[Paragraph (a) substituted by Section 12 of the National Conventional Arms Control Amendment Act No. 73 of 2008]
| (b) |
if it appears from information on oath or solemn declaration that there are , reasonable grounds to believe that there is evidence available in or upon that premises of a contravention of this Act. |
| (4) |
The warrant may impose such restrictions on the powers of the inspector as the judge or magistrate may deem appropriate in the circumstances. |
| (5) |
The inspector executing a warrant in terms of this section must immediately before commencing the inspection, identify himself or herself to the person in control of the premises. if such person is present, and hand to such a person a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the premises. |
Mandating Procedures of Provinces Act, 2008
