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Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)

Chapter 4 : Investigating Powers and Freezing Orders

24. Cordoning off, stop and search of vehicle, person and premises

[Section 24 heading substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 18(a) of Notice No. 1533, G47803, dated 29 December 2022]

 

(1) If, on written request under oath to a judge in chambers by a police official of or above the rank of Brigadier, it appears to the judge that it is necessary in order to prevent any terrorist or related activity, the judge may issue a warrant for the cordoning off, and stopping and searching of vehicles, persons and premises, with a view to preventing such terrorist or related activity, in a specified area, and such warrant applies for the period specified therein, which period may not exceed 10 days.

[Section 24(1) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 18(b) of Notice No. 1533, G47803, dated 29 December 2022]

 

(2) Under a warrant obtained in terms of subsection (1), any police official who identifies himself or herself as such, may cordon off the specified area for the period specified in the warrant and stop and search any vehicle, person or premises in that area, for articles or things which could be used or have been used for or in connection with the preparation for or the commission or instigation of any terrorist or related activity.

[Section 24(2) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 18(c) of Notice No. 1533, G47803, dated 29 December 2022]

 

(3) The police official may seize any article or thing contemplated in subsection (2), and Chapter 2 of the Criminal Procedure Act applies with the necessary changes required by the context in respect of any such article or thing.

[Section 24(3) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 18(d) of Notice No. 1533, G47803, dated 29 December 2022]

 

(4) Section 29 of the Criminal Procedure Act applies in respect of the powers conferred upon police officials in terms of this section.

[Section 24(4) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 18(d) of Notice No. 1533, G47803, dated 29 December 2022]

 

(5) The provisions of this section shall not be construed as affecting the rights of any police official or law enforcement officer to use any other power in any other law in respect of cordoning off, search or seizure.