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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 7 : Remedies and Enforcement

Part E : Powers to support investigations and inspections

177. Authority to enter and search under warrant

 

 

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 or in those 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 or in those 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 inspector or a police officer to enter and search the premises and to do anything listed in section 178.

 

3) A warrant to enter and search is valid until one of the following events occurs:
a) The warrant is executed;
b) the warrant is cancelled by the person who issued it or, in that person’s absence, by a person with similar authority;
c) the purpose for issuing it has lapsed; or
d) the expiry of one month after the date 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 premises named in that warrant.

 

6) Immediately before commencing with the execution of a warrant, a person executing that warrant must either—
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 those persons is present, affix a copy of the warrant to the premises in a prominent and visible place.