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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 6 : Enforcement44. Enforcement inspection |
| (1) | A railway safety inspector may, on the authority of a warrant, enter and inspect any premises if he or she suspects that an offence contemplated in this Act is being or has been committed. |
| (2) | A railway safety inspector must, before commencing with an inspection contemplated in subsection (1)— |
| (a) | if the owner, or person in control, of the premises to be searched is present— |
| (i) | provide identification to that person and explain to that person the authority by which the warrant is being executed; and |
| (ii) | hand an exact copy of the warrant and of this section to that person or to the person named in the warrant; or |
| (b) | if no person is present, affix an exact copy of the warrant at the entrance to the premises in a prominent and visible place. |
| (3) | A railway safety inspector may, for purposes of subsection (1) and subject to subsection (2)— |
| (a) | enter and search any premises; |
| (b) | search any person on those premises, if there are reasonable grounds for believing that the person has personal possession of an object, a system, data, book, document or record that has a bearing on the inspection; |
| (c) | examine any object, system, data, book, document or record that is on or in those premises that has a bearing on the inspection; |
| (d) | request any person to unlock or otherwise provide unhindered access to any safe, storage facility or other receptacle, or to point out any other person on the premises who can do so; |
| (e) | request information about any object, system, data, book, document or record; |
| (f) | photograph or otherwise record the attributes of any object or system, or take extracts from, or making copies of, any book, document or record, that is on or in the premises and that has a bearing on the inspection; |
| (g) | use any computer system on the premises that has a bearing on the inspection, or require assistance from any person on the premises to use that computer system, to— |
| (i) | search any data contained in that system; or |
| (ii) | reproduce any record from that data; |
| (h) | seize any output from that computer for examination and copying; and |
| (i) | attach and, if necessary, remove from the premises for examination and safe-keeping anything that has a bearing on the inspection: Provided that the person from whose possession any object, system, data, book, record or other document was taken, must, at his or her request and at his or her expense, be allowed to record or make copies thereof or extracts therefrom under the supervision of the railway safety inspector concerned. |
| (4) | The warrant contemplated in subsection (1) may only be issued by a judge or a magistrate if it appears from the information given by the railway safety inspector under oath or affirmation that— |
| (a) | there are reasonable grounds for suspecting that a contravention of the Act has occurred or is occurring; |
| (b) | a search of the premises is likely to yield information pertaining to the alleged contravention; and |
| (c) | the search is reasonably necessary for the purposes of enforcing the Act. |
| (5) | The warrant contemplated in subsection (1) must— |
| (a) | identify the premises that may be entered and searched; and |
| (b) | specify the parameters within which the railway safety inspector may perform an entry, search or seizure. |
| (6) | The warrant contemplated in subsection (1) may be executed only during the hours of 08h00 and 17h00 of a day, other than a Saturday, Sunday or public holiday, unless the judge or the magistrate who issued the warrant authorises that it may be executed at any other time that is reasonable in the circumstances. |
| (7) | The warrant contemplated in subsection (1) is valid only until— |
| (a) | the warrant is executed; |
| (b) | the warrant is cancelled by the person who issued it or, in that person’s absence, by a person with similar authority; |
| (c) | the purpose for which it was issued, has elapsed; or |
| (d) | the expiry of one month after the date when it was issued, whichever occurs first. |
| (8) | A railway safety inspector who conducts an inspection in terms of this section may be accompanied and assisted by one or more police officers. |
| (9) | A railway safety inspector and any police officer accompanying him or her must, when entering and searching any premises in terms of this section, conduct the entry and search with strict regard to decency and every person’s right to dignity, freedom, security and privacy. |
| (10) | A police officer who is assisting a railway safety inspector in terms of subsection (8) may use necessary force to overcome resistance by any person to the entry, search or seizure, including— |
| (a) | breaking a door or window of the premises; or |
| (b) | breaking any lock or other barrier which prevents the search of any safe, storage facility or other receptacle on the premises. |
| (11) | Before using force in terms of subsection (10), a police officer must audibly demand admission or access and must announce the purpose of entry, unless it is reasonable to believe that doing so may induce someone to destroy, dispose of or conceal an article, document or record that forms part of the search or is otherwise relevant to the search. |
| (12) | A person may refuse to permit the removal of an article, document or record on the grounds that it contains privileged or protected information, but that person may cause such article, document or record to be amended, altered or destroyed until the railway safety inspector has been afforded a reasonable time to act under subsection (13), and any person who wilfully does so, is guilty of an offence. |
| (13) | If the owner or person in control of an object, system, document or record refuses to give that object, system, document or record to the railway safety inspector conducting the search, that railway safety inspector may request the registrar or sheriff of the High Court that has jurisdiction, to attach and remove that object, system, document or record for safe custody until a court determines whether or not the information contained in it is privileged or protected. |
