| (1) |
The National Director, or any person authorised in writing thereto by him or her (hereinafter referred to as the applicant), may apply to a judge in chambers for the issuing of an investigation direction in terms of subsection (3). |
| (2) |
An application referred to in subsection (1) must be in writing and must— |
| (a) |
indicate the identity of the— |
| (i) |
applicant and, if known, the identity of the person who will conduct the investigation; and |
| (ii) |
person to be investigated (hereinafter referred to as the suspect); |
| (b) |
specify the grounds referred to in subsection (3) on which the application is made; |
| (c) |
contain full particulars of all the facts and circumstances alleged by the applicant in support of his or her application; |
| (d) |
include the basis for believing that evidence relating to the ground on which the application is made will be obtained through the investigation direction; |
| (e) |
indicate whether any previous application has been made for the issuing of an investigation direction in respect of the same suspect in the application and, if such previous application exists, must indicate the current status of that application; and |
| (f) |
indicate the period for which the investigation is required. |
| (a) |
A judge in chambers may upon an ex parte application made to him or her in terms of subsection (1), issue an investigation direction. |
| (b) |
An investigation direction may only be issued if the judge concerned is satisfied that— |
| (i) |
there has been compliance with the provisions of subsection (2); and |
| (ii) |
on the facts alleged in the application concerned, there are reasonable grounds to believe that— |
| (aaa) |
maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets; or |
| (bbb) |
is in control or possession of pecuniary resources or property disproportionate to his or her present or past known sources of income or assets; and |
| (bb) |
that person maintains such a standard of living through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities; and |
| (cc) |
such investigation is likely to reveal information, documents or things which may afford proof that such a standard of living is maintained through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities. |
| (c) |
An investigation direction— |
| (ii) |
must indicate the identity of the suspect and, if known, the person who will conduct the investigation; |
| (iii) |
must specify the period for which it has been issued; |
| (iv) |
may specify conditions of restriction relating to the conducting of the investigation; and |
| (v) |
may be issued in respect of any place in the Republic. |
| (d) |
An application must be considered and an investigation direction issued without any notice to the suspect to whom the application applies and without hearing that suspect: Provided that where any previous investigation direction has been issued in respect of a suspect, the applicant may only apply for a further investigation direction in respect of that suspect on the same facts, after giving reasonable notice to the suspect concerned. |
| (e) |
A judge considering an application may require the applicant to furnish such further information as he or she deems necessary. |
| (4) |
If an investigation direction has been issued under subsection (3). the National Director or the person authorised thereto in the investigation direction, may, for the purposes of an investigation direction— |
| (a) |
summon the suspect or any other person, specified in the investigation direction, who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any property, book, document or other object relating to that subject, to appear before the National Director or the person so authorised, at a time and place specified in the summons, to be questioned or to produce that property, book, document or other object; |
| (b) |
question that suspect or other person, under oath or affirmation administered by the National Director or the person so authorised, and examine or retain for further examination or for safe custody such property, book, document or other object; or |
| (c) |
at any reasonable time and without prior notice or with such notice as he or she may deem appropriate, enter any premises where the suspect is or is suspected to be or any premises on or in which anything connected with that investigation is or is suspected to be, and may— |
| (i) |
inspect and search those premises, and there make such enquiries as he or she may deem necessary; |
| (ii) |
examine any property found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from the suspect or the owner or person in charge of the premises or from any person in whose possession or charge that property is, information regarding that property; |
| (iii) |
make copies of or take extracts from any book or document found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from any person suspected of having the necessary information, an explanation of any entry therein; or |
| (iv) |
seize, against the issue of a receipt, anything on or in the premises which has a bearing or might have a bearing on the investigation in question, or if he or she wishes to retain it for further examination or for safe custody: |
Provided that any person from whom a book or document has been taken under paragraph (b) or (c)(iv), may, as long as it is in the possession of the person conducting the investigation, at his or her request be allowed. at his or her own expense and under the supervision of the person conducting the investigation, to make copies thereof or to take extracts therefrom at any reasonable time.
| (a) |
The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate’s court shall apply in relation to the questioning of a suspect or any person referred to in subsection (4): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge. |
| (b) |
No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (7)(b), or in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955). |
| (6) |
Subject to any directions, conditions or restrictions determined by the judge under subsection (3)(c)(iv), the provisions of sections 28(1)(d), (2) to (10) and 29(2), (7)(a), (9), (10)(b) and (11) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), relating to the conducting of an investigation and the execution of a warrant in terms of those provisions, apply, with the necessary changes, in respect of an investigation conducted in terms of subsection (4). |
| (a) |
obstructs or hinders the person conducting the investigation or any other person in the performance of his or her functions in terms of this section; or |
| (b) |
when he or she is asked in terms of subsection (4) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading, |
shall be guilty of an offence.
Gold Membership
