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Statistics Act, 1999 (Act No. 6 of 1999)

15. Entry on and inspection of premises

 

(1) For the purpose of making enquiries or observations necessary for achieving the purpose of this Act, the Statistician-General or any officer of Statistics South Africa authorised by him or her may enter on any land or premises, other than a private dwelling, of any organ of state, business or other organisation and inspect anything thereon or therein—
(a) on the authority of a warrant issued in terms of subsection (2); or
(b) with the consent of the person who is competent to consent to such entry and inspection.

 

(2) A warrant referred to in subsection (1)(a) may be issued in chambers by a magistrate or a judge of a High Court only if he or she is satisfied, on the basis of information on oath or affirmation, that there are reasonable grounds for believing that entry on and inspection of the land or premises concerned are reasonably necessary for the purpose contemplated in subsection (1).

 

(3) A warrant issued in terms of subsection (2) remains in force until—
(a) it is executed;
(b) it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority;
(c) the expiry of three months from the date of its issue; or
(d) the purpose for which the warrant was issued no longer exists,

whichever may occur first.

 

(4) An entry and inspection in terms of subsection (1) must be carried out—
(a) at any reasonable time during the day unless the carrying out thereof by night is justifiable and necessary; and
(b) with strict regard to decency and order, including the protection of a person's rights to dignity, to freedom and security and to privacy.

 

(5) The Statistician-General or the authorised officer must, immediately before carrying out an entry and inspection in terms of subsection (1)—
(a) identify himself or herself to the owner or person in control of the land or premises, if such person is present;
(b) if applicable, hand to that person a copy of the warrant or, if that person is not present, affix that copy to a prominent place on the premises; and
(c) supply that person with particulars regarding his or her authority to carry out the entry and inspection.