| (1) |
The Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the changes required by the context to entries, searches and seizures by inspectors in terms of this Act. |
[Subsection (1) amended by section 25(a) of Act No. 2 of 2014]
| (2) |
An inspector appointed in terms of section 17F may, in order to carry out his or her functions under this Act or the underlying statutes, at any reasonable time without prior notice and on the authority of a warrant issued in terms of subsection (4) enter any premises and, without the use of force or coercion— |
| (a) |
demand the production of a licence or any other document issued in terms of the underlying statutes for inspection; |
| (b) |
search such premises or the owner or person in control of such premises; |
| (c) |
inspect any book, record or other document found on such premises and make copies thereof; |
| (d) |
inspect any radio apparatus, studio, plant, transmitters, apparatus, other equipment or other broadcasting, electronic communications or postal service facilities on the premises; |
| (e) |
inspect anything referred to in paragraph (c) which is in the possession of or used by, or suspected of being in the possession of or being used by, any person in contravention of this Act, the underlying statutes or an applicable licence; |
| (f) |
request the owner or person in control of such premises or any person on such premises who may reasonably be expected to have the necessary information to furnish information regarding a document or thing; and |
| (g) |
seize for further examination or safe custody any document or thing which or might have a direct bearing on the alleged non-compliance or other act referred to in section 17F on such premises. |
[Subsection (2) amended by section 25(b), (c), (d), (e) and (f) of Act No. 2 of 2014]
| (3) |
An inspector requesting information from a person in terms of subsection (2) must, before requesting such information, inform the person in a language that the person understands of— |
| (a) |
the right to remain silent; and |
| (b) |
the consequences of not remaining silent. |
(4)
| (a) |
A magistrate or judge may, upon request by an inspector, but subject to subsection (b), issue a warrant to such inspector. |
[Paragraph (4)(a) amended by section 25(g) of Act No. 2 of 2014]
| (b) |
A magistrate or judge must issue a warrant if it appears to him or her, from information on oath or affirmation, that there are reasonable grounds for believing that a document or thing which has a bearing on the alleged non-compliance or other act referred to in section 17F— |
| (i) |
is or will be in the possession or under the control of any person or on or in any premises within the area of jurisdiction of that magistrate or judge; |
| (ii) |
cannot reasonably be obtained otherwise; and |
| (iii) |
is material to the investigation by the inspector. |
[Paragraph (4)(b) amended by section 25(h) of Act No. 2 of 2014]
(5)
| (a) |
The warrant contemplated in subsection (4) must identify the premises that may be entered and searched and specify which of the acts contemplated in subsection (2)(a) to (g) may be performed thereunder by the inspector to whom it is issued. |
| (b) |
Such warrant may be issued on any day and is valid until— |
| (ii) |
it is cancelled by the person who issued it or, if such person is not available, by a person with similar authority; |
| (iii) |
the expiry of one month from the day of its issue; or |
| (iv) |
the purpose for which the warrant was issued no longer exists. |
| (6) |
An inspector must, immediately before commencing the execution of a warrant issued in terms of subsection (4)— |
| (a) |
identify himself or herself to the owner or person in control of the premises referred to in such warrant; and |
| (b) |
hand to such person a copy of the warrant. |
| (7) |
An inspector who removes a document or thing from any premises under this section must issue a receipt to the person who is the owner or in possession or in control thereof. |
| (8) |
The inspector must, at the request of the Complaints and Compliance Committee, and in the course of hearing a complaint or dispute, provide to the Complaints and Compliance Committee any document or thing which was obtained or confiscated in terms of this section. |
[Subsection (8) inserted by section 25(i) of Act No. 2 of 2014]
[Section 17G inserted by section 19 of Act No. 3 of 2006]
Occupational Diseases in Mines and Works Act, 1973
