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Second-Hand Goods Act, 2009 (Act No. 6 of 2009)

Chapter 8 : Powers of Police Official

29. Entry, search, seizure and seal-off


1) A police official, on the authority of a warrant issued in terms of section 30, may—
a) enter any premises specified in that warrant;
b) direct the person in control of or any person employed at the premises to—
i) disclose any register, record, book, other document or information that pertains to the investigation and is in the possession or under the control of that person; and
ii) render such assistance as the police official requires in order to enable such police official to perform his or her functions under this Act;
c) inspect any register, record, book or other document and make copies thereof or excerpts therefrom;
d) examine any goods or other articles found on the premises;
e) against the issue of a written receipt, seize records, books, documents or electronic data-storing devices that may be used as evidence of a contravention of any provision of this Act; and
f) seal or seal off the premises at, on or in which second-hand goods are found,

in order to prevent a person from conducting business in contravention of this Act.


2) A police official may not enter upon or search any premises without audibly demanding admission to the premises and giving notice of the purpose of the entry, unless such police official is, on reasonable grounds, of the opinion that such demand and notification will defeat the purpose of the search.


3) A police official contemplated in subsection (1) may use such force as may reasonably be necessary to overcome resistance to the entry or search.


4) Any entry and search in terms of subsection (1) may only be executed by day, unless the execution thereof by night is reasonable and justifiable.


5) A police official may without a warrant enter upon any premises and search for, seize and remove anything contemplated in subsection (1) if—
a) the person who is competent to do so consents to such entry, search, seizure and removal; or
b) there are reasonable grounds to believe that—
i) a warrant would be issued to the police official if he or she applied for such warrant; and
ii) the delay in obtaining such warrant would defeat the purpose of the search.


6) Any goods seized in terms of this section must be dealt with in the manner contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which applies with the changes required by the context.


7) A person from whom any book, record or document has been taken may, at his or her own expense and under supervision of a police official, make copies thereof or excerpts therefrom.