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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 6 : Enforcement45. Formalities of inspections |
| (1) | During any search, only a female railway safety inspector or female police officer may search a female person and only a male railway safety inspector or male police officer may search a male person. |
| (2) | A railway safety inspector who removes anything from premises being searched must— |
| (a) | issue a written receipt for it to the owner, or person in control, of the premises, in sufficient detail to identify each specific item so removed; and |
| (b) | return it in good order as soon as practicable after achieving the purpose for which it was removed to the person from whose control it was taken, unless it is to be used as evidence in any subsequent proceedings, in which case the railway safety inspector must, in writing, inform the person from whose control it was taken of that fact. |
| (3) | A person who submits any information to a railway safety inspector or makes any statement to him or her, may do so orally, and he or she may— |
| (a) | indicate to the railway safety inspector that he or she claims confidentiality in respect of any information or statement so provided; and |
| (b) | provide the railway safety inspector with an explanation why the information or statement is confidential. |
| (4) | A railway safety inspector must— |
| (a) | consider any claim and explanation contemplated in subsection (3); |
| (b) | notify the person who claims confidentiality whether or not that information or statement will be treated as being confidential; and |
| (c) | if the railway safety inspector considers such information to be confidential, keep such information confidential, unless— |
| (i) | such information is already in the public domain; |
| (ii) | the railway safety inspector is ordered by a court of law to disclose such information; or |
| (iii) | the disclosure complies with the Promotion of Access to Information Act or the Protection of Personal Information Act. |
