Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)Compulsory Specifications17. Powers of inspector to enter, inspect, search and seize |
| (1) | In order to monitor and enforce compliance with this Act and, subject to the conditions of his or her appointment, an inspector may at any reasonable time and without prior notice enter any premises, other than a private dwelling, in or upon which— |
| (a) | an article in respect of which there is a compulsory specification is— |
| (i) | manufactured or sold; |
| (ii) | stored or used in the course of any business; or |
| (b) | any manufacture, sale, use or storage is reasonably suspected; or |
| (c) | any records with regard to the import, manufacture or sale of an article referred to in paragraph (a) or (b) are kept. |
| (2) | An inspector may enter a private dwelling or any place other than a place referred to in subsection only— |
| (a) | with the consent of the owner or occupier; or |
| (b) | if authorised to do so by a warrant issued in terms of subsection (3), |
| (3) | A warrant contemplated in subsection (2) may be issued by a judge or a magistrate if it appears from written information given by the inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being committed within the area of jurisdiction of that judge or magistrate. |
| (4) | The warrant contemplated in subsection (3) must specify the parameters within which the inspector may perform an entry, search or seizure. |
| (5) | An inspector entering any premises referred to in subsections (1) and (2) may be accompanied by an interpreter. |
| (6) | An inspector who enters and inspects any premises under this section must conduct the entry and inspection with strict regard for decency and order, and with regard to each person's right to dignity, freedom, security and privacy; |
| (7) | An inspector who removes anything from premises being searched, must— |
| (a) | issue a receipt for it to the owner or person in control of the premises; and |
| (b) | return it as soon as practicable after it has served the purpose for which it was removed. |
