National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 12 : Inspections42. Power to enter premises, inspection and sampling |
| (1) | The Registrar, an employee or an authorised person may, on the grounds of a warrant issued in terms of subsection (3), at any reasonable time— |
| (a) | enter and inspect any place, premises or vehicle in or upon which any plant, propagating material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, reproduced, bred, cultivated, processed, treated, prepared, tested, examined, analysed, classified, pre-packaged, marked, labelled, held, kept, packed, removed, transported, exhibited or sold; |
| (b) | instruct a person in control of or employed at such place, premises or vehicle to— |
| (i) | deliver any book, record or other document that pertains to that plant, propagating material, substance or other article and which is in the possession or under the control of that person; |
| (ii) | furnish such information he or she has with regard to that plant, propagating material, substance or other article; or |
| (iii) | render such assistance that the Registrar, employee or person requires to enable him or her to perform his or her functions in terms of this Act; |
| (c) | inspect any book, record or other document relating to the investigation and make copies thereof or excerpts from it; |
| (d) | seize any plant, propagating material, substance, book, record or other document or article which is or might be relevant to a prosecution under this Act and keep it in his or her custody: Provided that the person from whose possession or control any book, record or document has been taken, may, at his or her own expense and under the supervision of the Registrar, employee or person concerned, make copies thereof or excerpts from it; and |
| (e) | take samples of any plant, propagating material, substance or other article used or intended for use in the production, reproduction, breeding, cultivation, processing, treatment, preparation, testing, examining, analysing, classification, pre-packaging, marking, labelling, holding, keeping, packing, removal, transport, exhibition or sale thereof, and of any plant, propagating material, substance or other article seized in terms of paragraph (d), and examine, analyse or classify such samples. |
| (2) | Any sample taken in terms of subsection (1)(e) or (6) must— |
| (a) | consist of the quantity or mass determined by the Registrar, taken in accordance with the methods determined by him or her; |
| (b) | be taken in the presence of the person in charge of, or the owner or custodian of such plant, propagating material, substance or other article, or, if such person, owner or custodian is not available, in the presence of any other witness, and the form determined by the Registrar must be completed in respect thereof; |
| (c) | be packed and identified in such manner as the nature thereof permits; and |
| (d) | as soon as reasonably possible be tested, examined or analysed in accordance with such methods as the Registrar may determine or as may be prescribed, and the result of such test, examination or analysis must be entered on the form determined by the Registrar. |
| (3) | A warrant referred to in subsection (1) must be issued by a magistrate who has jurisdiction in the area where the place or premises in question is situated, or where the vehicle is or will be, and must be issued if it appears to the magistrate from information on affirmation or oath that there are reasonable grounds for believing that an article mentioned in subsection (1)(a) and (b) is upon or in such place, premises or vehicle, and must specify which of the acts mentioned in subsection (1) may be performed thereunder by the person to whom it is issued. |
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| (4) | A warrant issued in terms of this section must be executed by day unless the person who issues the warrant authorises the execution thereof by night at times which must be reasonable, and entry upon and search of any place, premises or vehicle specified in such warrant must be conducted with strict regard to decency and order, including— |
| (a) | a person’s right to, respect for and protection of his or her dignity; |
| (b) | the right of a person to freedom and security; and |
| (c) | the right of a person to his or her personal privacy. |
| (5) | The person executing a warrant in terms of this section must immediately before commencing with the execution— |
| (a) | identify himself or herself to the person in control of the place, premises or vehicle, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the place, premises or vehicle; and |
| (b) | supply such person at his or her request with particulars regarding his or her authority to execute such a warrant. |
| (6) | The Registrar or authorised person may enter any place, premises or vehicle without a warrant and search for, seize, take samples of and remove any article referred to in subsection (1) if the person who is competent to do so, consents to such entry, search, seizure, taking of samples and removal. |
| (7) |
| (a) | The Registrar or authorised person who may on the grounds of a warrant issued in terms of subsection (3), enter and search any place, premises or vehicle, may use such force as may be reasonably necessary to overcome resistance to such entry or search. |
| (b) | No person may enter upon and search any place, premises or vehicle unless he or she has audibly— |
| (i) | demanded admission to the place, premises or vehicle; |
| (ii) | identified himself or herself; and |
| (iii) | notified the occupant of the purpose of his or her entry, unless such person is upon reasonable grounds of the opinion that any article may be destroyed if such admission is first demanded, such identification communicated and such purpose is first notified. |
| (8) | If, during the execution of a warrant or the conducting of a search in terms of this section, a person claims that an article found on or in the place, premises or vehicle in question contains privileged information and refuses the inspection or removal of such article, the person executing the warrant or conducting the search must, if he or she is of the opinion that the article contains information which is relevant to the investigation and that such information is necessary for the investigation or hearing, request a magistrate who has jurisdiction to authorise the seizing and removal of that article for safe custody until a court of law has made a ruling on the question whether or not the information in question is privileged. |
| (9) | A warrant issued in terms of this section may be issued on any day and remains in force until— |
| (a) | it is executed; |
| (b) | it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; |
| (c) | the expiry of one month from the day of its issue; or |
| (d) | the purpose for which the warrant was issued, no longer exists, whichever may occur first. |
| (10) | If no criminal proceedings are instituted in connection with any plant, propagating material, substance, book, record or other article or document seized in terms of subsection (1) or (6), or if it appears that such plant, propagating material, substance, book, record or other article or document is not required at the trial for the purposes of evidence or an order of court, that plant, propagating material, substance, book, record or other article or document must be returned to the person from whom it was seized. |
