| (1) |
Subject to the provisions of sections 31, 32, 33 and 40(1) and (2) of this Act, section 4(3) of the Customs and Excise Act, 1964, sections 69(2)(b) and 71 of the Tax Administration Act, 2011, and section 21(e) and (f) of the Customs Control Act, 2014, an article can only be searched for, accessed or seized by virtue of a search warrant issued— |
| (a) |
by a magistrate or judge of the High Court, on written application by a police official, if it appears to the magistrate or judge, from information on oath or by way of affirmation, as set out in the application, that there are reasonable grounds for believing that an article— |
| (i) |
is within their area of jurisdiction; or |
| (ii) |
is being used or is involved or has been used or was involved in the commission of an offence— |
| (aa) |
within their area of jurisdiction; or |
| (bb) |
within the Republic, if it is unsure within which area of jurisdiction the article is being used or is involved or has been used or was involved in the commission of an offence; or |
| (b) |
by a magistrate or judge of the High Court presiding at criminal proceedings, if it appears to such magistrate or judge that an article is required in evidence at such proceedings. |
| (2) |
A search warrant issued under subsection (1) must require a police official identified in the warrant to search for, access or seize the article in question and, to that end, must authorise the police official to— |
| (a) |
search any person identified in the warrant; |
| (b) |
enter and search any container, premises, vehicle, facility, ship or aircraft identified in the warrant; |
| (c) |
search any person who is believed, on reasonable grounds, to be able to furnish any information of material importance concerning the matter under investigation and who is found near such container, on or at such premises, vehicle, facility, ship or aircraft; |
| (d) |
search any person who is believed, on reasonable grounds, to be able to furnish any information of material importance concerning the matter under investigation and who— |
| (iii) |
is in possession or in direct control of, |
any data, computer program, computer data storage medium or computer
system identified in the warrant to the extent set out in the warrant;
| (e) |
search for any article identified in the warrant to the extent set out in the warrant; |
| (f) |
access an article identified in the warrant to the extent set out in the warrant; |
| (g) |
seize an article identified in the warrant to the extent set out in the warrant; or |
| (h) |
use or obtain and use any instrument, device, equipment, password, decryption key, data, computer program, computer data storage medium or computer system or other information that is believed, on reasonable grounds, to be necessary to search for, access or seize an article identified in the warrant to the extent set out in the warrant. |
| (3) |
A search warrant issued under subsection (1) may require an investigator or other person identified in the warrant to assist the police official identified in the warrant, with the search for, access or seizure of the article in question, to the extent set out in the warrant. |
| (a) |
A search warrant may be executed at any time, unless the person issuing the warrant in writing specifies otherwise. |
| (b) |
A search warrant may be issued on any day and is of force until it is executed or is cancelled by the person who issued it or, if such person is not available, by a person with like authority. |
| (5) |
A police official who executes a warrant under this section must hand to any person whose rights in respect of any search, or article accessed or seized under the warrant have been affected, a copy of the warrant and the written application of the police official contemplated in subsection (1)(a). |
| (6) |
The provisions of subsections (1) to (5) apply with the changes required by the context to an amendment of a warrant issued in terms of subsection 1. |
National Road Traffic Act, 1996
