| (1) |
Subject to the provisions of subsection (5), the national executive officer may, in order to exercise the powers or perform the duties conferred or imposed upon him or her by or under this Act and for that purpose only, at any reasonable time— |
| (a) |
enter upon any land, place, premises or conveyance in or upon which any animal or thing or other article in respect of which this Act applies, is or is on reasonable grounds suspected to be; |
| (b) |
proceed over any land in order to reach any land, place, premises or conveyance referred to in paragraph (a); |
| (c) |
order to stop and enter upon, take control of or board any conveyance referred to in paragraph (a) at any place within the Republic or in the territorial waters of the Republic as defined in the Maritime Zones Act, 1994 (Act No. 15 of 1994). |
| (2) |
The national executive officer may, when acting under subsection (1 )— |
| (a) |
take along such officers, assistants, conveyances, implements, equipment, instruments, remedies and other aids as may be required in order to exercise the powers and perform the duties concerned; |
| (b) |
direct the owner, user or a person in control of or employed at such land, place, premises or conveyance concerned, or of any animal or thing that is present therein or thereon, as the case may be, to render all reasonable assistance that is required to exercise the powers and perform the duties concerned in connection with that land, place, premises, conveyance, animal or thing or anything else kept thereon or therein; |
| (c) |
require that a person referred to in paragraph (b) immediately or at a time and place fixed by the national executive officer produce to the national executive officer those animals or things that he or she requires for any controlled veterinary procedure or other act in terms of this Act; |
| (d) |
search for any animal or thing or anything else to which this Act applies, and, if it is suspected on reasonable grounds to be present on or in such land, place, premises or conveyance, require the owner, user or person as the case may be in charge thereof to produce it to the national executive officer; |
| (e) |
make any investigation he or she deems necessary regarding the presence of any animal disease or parasite; |
| (f) |
isolate, detain or seize any animal or thing that he or she knows or on reasonable grounds suspects to be infected with an animal disease or parasite, or to be so contaminated for a particular controlled purpose; |
| (g) |
remove anything seized from the place, premises or conveyance where it has been seized, or leave it thereon and if he or she deems it necessary, attach any identification mark or seal thereto, or to the container thereof; |
| (h) |
install beacons or affix marks or seals on the land, or any animal or thing or on anything else; |
| (i) |
inspect or test any appliance or equipment that is available for use in connection with an animal disease; |
| (j) |
take such samples of any animal, thing, remedy or other articles that may be deemed necessary, and for this purpose open any container in which that animal or thing or other article is contained; |
| (k) |
test, examine or analyse any sample referred to in paragraph (j), or cause it to be tested, examined or analysed; |
| (l) |
ascertain whether anything required to be done in terms of this Act has been or is being done; |
| (m) |
inspect and supervise the doing of anything that a person is required to do in terms of this Act; |
| (n) |
check, count and establish the identity, origin and descent of any animal or thing found during an inspection and treat it against any animal disease, effect any controlled veterinary procedure in respect thereof, and make the prescribed temporary or permanent marks in the prescribed manner thereon; |
| (o) |
require that a person referred to in paragraph (b), immediately or at a time and place fixed by the national executive officer, produce to the national executive officer for inspection, or provide him or her with a copy of, any register, book, record or other document that such person is required to keep or produce in terms of this Act; |
| (p) |
demand from the owner, user or custodian, as the case may be, of such register, book, record or other document or data-capturing device an explanation regarding any entry, deletion, alteration, omission or note therein; |
| (q) |
make in or on such register, book, record or other document such notes that may be deemed expedient, in respect of any entry appearing thereon or therein or that is required to appear therein or which, in the opinion of the national executive officer, is inaccurate or false; |
| (3) |
The national executive officer must when entering upon any land, place, premises or conveyance in terms of subsection (1), show proof of his or her identity and authority when requested thereto by the owner or user, as the case may be, of the land or conveyance or the owner of the animal or thing concerned. |
| (4) |
In the case of action under subsection (2) (i), (k) and (m) by the national executive officer, the owner or user, as the case may be, of the land in question or the owner of the animal or thing in question, must pay the prescribed fees or the amount determined by the national executive officer, for the performance of such action. |
| (5) |
Despite subsection (1), powers to enter, search and carry out inspections, and performance of any act referred to in subsections (1) and (2) must, for the purpose of proving the commission or suspected commission of an offence under this Act or for any other purpose other than those envisaged in subsection (1), be conducted under the authority of a warrant. |
| (6) |
A warrant referred to in subsection (5) must be issued by a judge of the High Court or a magistrate who has jurisdiction in the area where the land, or conveyance in question are situated, or where the conveyance will be, and must only be issued if it appears from information on oath that there are reasonable grounds for believing that anything in respect of which the provisions of this Act applies is upon or on such land, or conveyance, and must specify which of the acts mentioned in subsections (1 ) and (2) may be performed thereunder by the person to whom it is issued. |
| (7) |
A warrant issued in terms of this section must be executed by day, unless the person who issues the warrant authorises the execution thereof by night, at times which must be reasonable, and entry upon and search of any land or conveyance must be conducted with strict regard to decency and order, including— |
| (a) |
a person’s right to respect for and protection of his or her dignity; |
| (b) |
the right of a person to freedom and security; and |
| (c) |
the right of a person to his or her personal privacy. |
| (8) |
The national executive officer, when executing the warrant in terms of this section 20 must immediately before commencing with the execution— |
| (a) |
identify himself or herself to the person in control of the land or conveyance, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy to a prominent spot on the land or conveyance; and |
| (b) |
supply at the request of such a person, particulars regarding his or her authority to execute such warrant. |
| (9) |
The national executive officer may without a warrant enter any land or conveyance and perform any of the acts mentioned in subsections (1) and (2) for any purpose referred to in subsection 3), if— |
| (a) |
the owner, user or any person referred to in subsection (2) (b), who is competent to do so, consents thereto; or |
| (b) |
he or she on reasonable ground believes |
| (i) |
that a warrant will be issued to him or her in terms of subsection (6) if he or she applies for such warrant; and |
| (ii) |
that the delay in obtaining such warrant would defeat the object of the investigation. |
| (10) |
A warrant issued in terms of subsection (6) may be issued on any day and must be in force until— |
| (b) |
it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; or |
| (c) |
the expiry of one month from the date of its issue; or |
| (d) |
the purpose for which the warrant was issued, no longer exists, |
whichever may occur first.
Basic Conditions of Employment Act, 1997
