| 1) |
An inspector acting on the authority of a warrant is sued under section 40, may enter upon or enter any land, premises, place or means of conveyance- |
| a) |
at, on or in which there is to be found or on reasonable grounds is expected to be found, any restricted matter the possession of which is unlawful in terms of section 34, or anything reasonably suspected of being such restricted matter; |
| b) |
at, on, in, from or by means of which, any restricted act or activity on reasonable grounds is suspected to be or to have been performed or carried out without the necessary authorisation in terms of section 34 or 35 (as the case may be), |
and inspect and search the land, premises, place or means of conveyance and any person thereat, thereon or therein, for restricted matter or evidence relating to possession of restricted matter or a restricted act or activity, and for any other evidence relating to the contravention of section 34 or 35 in relation to the restricted matter or restricted act or activity. For the purposes of entering and searching a means of conveyance, any inspector who is assisted by a police official may stop the means of conveyance, whether public or private, if necessary by force, wherever found.
| 2) |
An inspector who has gained access to any land, premises, place or means of conveyance on the authority of a warrant, may- |
| a) |
take any steps that may be reasonably necessary to terminate the unlawful performance or carrying out of a restricted act or activity at, on, in, from or by means of the land, premises, place or means of conveyance and to prevent the recurrence of such an act or activity. Those steps may include any of the steps contemplated in paragraphs (b), (c) and (d) but do not include the destruction or alienation of restricted matter unless authorised thereto by a court of law; |
| b) |
seize and detain, and, where applicable, remove for detention, restricted matter found at, on or in the land, premises, place or means of conveyance; |
| c) |
bar or restrict access to the land or premises, place or any part thereof, or seal off or seal the premises, place or means of conveyance; |
| d) |
seize and detain, and, where applicable, remove for detention, any tools or equipment used or suspected on reasonable grounds to have been used to perform or carry out a restricted act or activity; |
| e) |
in any manner reasonably appropriate, take samples of any mineral, material or substance found on, under, or in the land, premises, place or means of conveyance for the purpose of analysis or conducting any test or investigation in respect thereof, and remove, and retain without compensation, any sample so taken; and |
| f) |
question any person at, on or in the land, premises, place or means of conveyance who may furnish any information about restricted matter or a restricted act or activity, and demand and procure from that person any book, document, plan, sketch or other record of whatever nature that may be relevant to the acquisition or possession of the restricted matter, or to the performance or carrying out of the restricted act or activity, and make copies or extracts from such a book, document, plan, sketch or other record. |
| 3) |
An inspector who, without a warrant, has entered upon or entered any land, premises, place or means of conveyance in terms of section 37 and who, in the course of carrying out or conducting any inspection or investigation thereat, thereon or therein in terms of that section- |
| a) |
is satisfied on reasonable grounds that an offence in terms of section 56, based on the unlawful possession of restricted matter or the performance or carrying out of any restricted act or activity without the Minister’s authorisation in terms of section 34 or 35 or on the breach of any term of, or condition imposed in respect of, such an authorisation, has been committed at, on, in, from or by means of the land, premises, place or means of conveyance, may, in so far as may be appropriate and reasonably necessary in the circumstances, exercise any of the powers contemplated in paragraphs (a) to (f) of subsection (2) in accordance with the provisions of those paragraphs, but excluding the power in terms of paragraph (e) of that subsection to take a sample of any mineral, material or substance from below the surface of land. However, such a sample may be taken from below the surface of land- |
| i) |
with the consent of the owner or person in control of the land, premises or place concerned; or |
| ii) |
on the authority of a warrant issued under section 40; |
| b) |
suspects, on reasonable grounds, that such an offence has been committed at, on, in, from or by means of the land, premises, place or means of conveyance, may bar or restrict access to the land, premises or place or any part thereof, or seal off or seal the premises, place or means of conveyance pending the issuing of a warrant in terms of section 40 that authorises the inspector to search the land, premises, place or means of conveyance or any person thereat, thereon or therein. Upon the issue of the warrant, the inspector also may, in so far as may be appropriate and reasonably necessary in the circumstances, exercise any of the powers contemplated in paragraphs (a) to (f) of subsection (2), in accordance with the provisions of those paragraphs. |
| a) |
Despite the preceding provisions of this section, an inspector may, during the day and after having furnished proof of identity, without a warrant enter or enter upon any land, premises, place or means of conveyance in the circumstances mentioned in paragraph (a) or (b) of subsection (1) and exercise thereat, thereon or therein the power of search contemplated in that subsection and any of the powers contemplated in paragraphs (a) to (f) of subsection (2), in accordance with the provisions of subsection (1) or those paragraphs (as the case may be), if the person who is competent to consent to the entry and to the search gives that consent, subject to paragraph (b) of this subsection. |
| b) |
The powers mentioned in paragraphs (a) to (f) of subsection (2) may be exercised only if the inspector, when requesting that person for consent, informs that person of the nature and extent of the powers contemplated in those paragraphs. |
| 5) |
An answer given or statement made by any person to an inspector exercising the power contemplated in subsection (2)(f) or given or made to any inspector exercising that power by virtue of subsection (3) or (4), if self-incriminating, will not be admissible as evidence against that person in criminal proceedings instituted in any court against that person, except in criminal proceedings where that person is tried for an offence contemplated in section 56(1)(c)(iv), and then only to the extent that such an answer or statement is relevant to those proceedings. |
Implementation of Geneva Conventions Act, 2012
