| (1) |
A judge of the High Court or a magistrate may issue a warrant to enter and search any premises that are within the jurisdiction of that judge or magistrate if, from information on oath or affirmation, there are reasonable grounds to believe that— |
| (a) |
a contravention of this Act has taken place, is taking place or is likely to take place on the premises; or |
| (b) |
that anything connected with an investigation in terms of this Act is in the possession of or under the control of a person who is on the premises. |
| (2) |
A warrant to enter and search may be issued at any time and must specifically— |
| (a) |
identify the premises that may be entered and searched; and |
| (b) |
authorise an investigator, inspector or police officer to enter and search the premises to question any person or inspect any books, documents or items found on the premises. |
| (3) |
A warrant to enter and search is valid until the occurrence of the following: |
| (a) |
The warrant is executed; |
| (b) |
the warrant is cancelled by the person who issued it or by a person with similar authority as the person who issued it; |
| (c) |
the purpose for issuing it has lapsed; or |
| (d) |
the expiry of one month after the date on which it was issued. |
| (4) |
A warrant to enter and search may be executed only during the day, unless the judge or magistrate who issued it, authorises that it may be executed at night at a time that is reasonable in the circumstances. |
| (5) |
A person authorised by a warrant issued in terms of subsection (2) may enter and search the premises named in that warrant. |
| (6) |
Immediately before commencing with the execution of a warrant, a person executing that warrant must— |
| (a) |
if the owner or person in control of the premises to be searched, is present— |
| (i) |
provide identification to that person and explain to that person the authority by which the warrant is being executed; and |
| (ii) |
hand a copy of the warrant to that person or to the person named in it; or |
| (b) |
if none of the persons contemplated in paragraph (a) are present, affix a copy of the warrant to the premises in a prominent and visible place, and must return within a reasonable time to check if the persons contemplated in paragraph (a) have returned or take any necessary and lawful steps to secure the presence of such a person. |
[Section 91Y inserted by section 66 of Notice No. 558, GG 36729, dated 5 August 2013]
Stamp Duties Act, 1968 (Act 77 of 1968)
