Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Co-operatives Act, 2005 (Act No. 14 of 2005)Chapter 12B : Co-operatives Tribunal91AA. Conduct of entry and search |
| (1) | A person who enters and searches any premises under this Chapter must conduct the entry and search with strict regard for decency and order, and with regard for each person’s right to dignity, freedom, security and privacy. |
| (2) | During any search contemplated in this Chapter, only a female inspector or police officer may search a female person and only a male inspector or police officer may search a male person. |
| (3) | A person who enters and searches any premises under this Chapter must, before questioning any person— |
| (a) | advise that person of the right to be assisted at the time by an advocate or attorney; and |
| (b) | allow that person reasonable time to exercise the right contemplated in paragraph (a). |
| (4) | A person who removes anything from the premises being searched, must— |
| (a) | issue a receipt for it to the owner or person in control of the premises; and |
| (b) | return it as soon as practicable after achieving the purpose for which it was removed. |
| (5) | Subject to subsection (6), during a search a person may only refuse to permit the inspection or removal of an article or document on the ground that it contains privileged information. |
| (6) | If the owner or person in control of an article or document refuses in terms of subsection (5) to give that article or document to the person conducting the search, the person conducting the search may request the registrar or sheriff of the High Court that has jurisdiction to attach and remove the article or document for safe custody until that court determines whether or not the information is privileged. |
| (7) | The Commission must compensate anyone who suffers damage because of a forced entry during a search. |
[Section 91AA inserted by section 66 of Notice No. 558, GG 36729, dated 5 August 2013]
