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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

178. Powers to enter and search

 

 

1) A person who is authorised under section 177 to enter and search premises may—
a) enter upon or into those premises;
b) search those premises;
c) search any person on those premises if there are reasonable grounds for believing that the person has personal possession of an article or document that has a bearing on the investigation;
d) examine any article or document that is on or in those premises that has a bearing on the investigation;
e) request information about any article or document from the owner of, or person in control of, the premises or from any person who has control of the article or document, or from any other person who may have the information;
f) take extracts from, or make copies of, any book or document that is on or in the premises that has a bearing on the investigation;
g) use any computer system on the premises, or require assistance of any person on the premises to use that computer system, to—
i) search any data contained in or available to that computer system; or
ii) reproduce any record from that data; and
h) seize any output from that computer for examination and copying; and
i) attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the investigation.

 

2) Section 176(4) and (5) apply to—
a) any person questioned by an inspector or police officer in terms of this section; or
b) to any answer given or statement made to an inspector or police officer in terms of this section.

 

3) An inspector authorised to conduct an entry and search in terms of section 177 may be accompanied and assisted by a police officer.