| (1) |
An officer in the department referred to in section 3(3)(a) or authorised person may, on the authority of a warrant issued under subsection (3), at any reasonable time— |
| (a) |
enter and inspect any place, premises or vehicle in or upon which any plant, propagating material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, reproduced, bred, cultivated, processed, treated, prepared, tested, examined, analysed, classified, prepackaged, marked, labelled, held, kept, packed, removed, transported, exhibited or sold; |
| (b) |
direct a person in control of or employed at such place, premises or vehicle to— |
| (i) |
deliver any book, record or other document that pertains to that plant, propagating material, substance or other article and which is in the possession or under the control of that person; |
| (ii) |
furnish the information he or she has with regard to that plant, propagating material, substance or other article; |
| (iii) |
render the assistance the office or authorised person requires to enable him or her to perform his or her functions under this Act; |
| (c) |
inspect any book, record or other document and make copies thereof or excerpts therefrom; |
| (d) |
seize any plant, propagating material, substance, book, record or other document or article which is or might be relevant to a prosecution under this Act and keep it in his or her custody: Provided that the person from whose possession or control any book, record or document has been taken, may, at his or her own expense and under the supervision of the officer or authorised person concerned, make copies thereof or excerpts therefrom; |
| (e) |
take samples of any plant, propagating material, substance or other article used or intended for use in the production, reproduction, breeding, cultivation, processing, treatment, preparation, testing, examining, analysing, classification, prepackaging, marking, labelling, holding, keeping, packing, removal, transport, exhibition or sale thereof, and of any plant, propagating material, substance or other article seized in terms of paragraph (d), and examine, analyse or classify such samples. |
| (2) |
Any sample taken in terms of subsection (1)(e) or (6)— |
| (a) |
shall consist of the quantity or mass determined by the registrar, taken in accordance with the methods determined by him or her; |
| (b) |
shall be taken in the presence of the person in charge of, or the owner or custodian of, such plant, propagating material, substance or other article, or, if such person, owner of custodian is not available, in the presence of any other witness, and the form determined by the registrar shall be completed in respect thereof; |
| (c) |
shall, if necessary, be packed and identified in such manner as the nature thereof permits; and |
| (d) |
shall with all convenient speed be tested, examined or analysed in accordance with the methods which the registrar may determine or which may be prescribed, and the result of such test, examination or analysis shall be entered on the determined by the registrar form. |
| (3) |
A warrant referred to in subsection (1) shall be issued by a judge of the Supreme Court or by a magistrate who has jurisdiction in the area where the place or premises in question is situated, or where the vehicle is or will be, and shall only be issued if it appears to the judge or magistrate from information on oath that there are reasonable grounds for believing that an article mentioned in subsection (1)(a) and (b) is upon or in such place, premises or vehicle, and shall specify which of the acts mentioned in subsection (1) may be performed thereunder by the person to whom it is issued. |
| (4) |
A warrant issued in terms of this section shall be executed by day unless the person who issues the warrant authorises the execution thereof by night at times which shall be reasonable, and entry upon and search of any place, premises or vehicle specified in such warrant shall be conducted with strict regard to decency and order, including— |
| (a) |
a person's right to, respect for and protection of his or her dignity; |
| (b) |
the right of a person to freedom and security; and |
| (c) |
the right of a person to his or her personal privacy. |
| (5) |
The officer or authorised person executing a warrant in terms of this section shall immediately before commencing with the execution— |
| (a) |
identify himself or herself to the person in control of the place, premises or vehicle, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the place, premises or vehicle; |
| (b) |
supply such person at his or her request with particulars regarding his or her authority to execute such a warrant. |
| (6) |
An officer in the department or authorised person may without a warrant enter any place, premises or vehicle, and search for, seize, take samples of and remove any article referred to in subsection (1) if the person who is competent to do so consents to such entry, search, seizure, taking of samples and removal. |
| (a) |
The officer or authorised person who may on the authority of a warrant issued in terms of subsection (3), or under the provisions of subsection (6), enter and search any place, premises or vehicle, may use such force as may be reasonably necessary to overcome resistance to such entry or search. |
| (b) |
No person may enter upon and search any place, premises or vehicle unless he or she has audibly demanded admission to the place, premises or vehicle and has notified the purpose of his or her entry, unless such person is upon reasonable grounds of the opinion that any article may be destroyed if such admission is first demanded and such purpose is first notified. |
| (8) |
If, during the execution of a warrant or the conducting of a search in terms of this section, a person claims that an article found on or in the place, premises or vehicle in question contains privileged information and refuses the inspection or removal of such article, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the article contains information which is relevant to the investigation and that such information is necessary for the investigation or hearing, request the registrar of the Supreme Court which has jurisdiction, or his or her delegate, to seize and remove that article for safe custody until a court of law has made a ruling on the question whether or not the information in question is privileged. |
| (9) |
A warrant issued in terms of this section may be issued on any day and shall be of force until— |
| (b) |
it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; or |
| (c) |
the expiry of one month from the day of its issue; or |
| (d) |
the purpose for which the warrant was issued, no longer exists, whichever may occur first. |
| (10) |
If no criminal proceedings are instituted in connection with any plant, propagating material, substance, book, record or other article or document seized in terms of subsection (1) or (6), or if it appears that such plant, propagating material, substance, book, record or other article or document is not required at the trial for the purposes of evidence or an order of court, that plant, propagating material, substance, book, record or other article or document shall be returned to the person from whom it was seized. |
[Section 25 amended by section 21 of Act No. 25 of 1996]
Housing Development Agency Act, 2008
