| (1) |
The Public Protector shall be competent to enter, or authorise another person to enter, any building or premises and there to make such investigation or inquiry as he or she may deem necessary, and to seize anything on those premises which in his or her opinion has a bearing on the investigation. |
| (2) |
The premises referred to in subsection (1) may only be entered by virtue of a warrant issued by a magistrate or a judge of the area of jurisdiction within which the premises is situated: Provided that such a warrant may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified. |
| (3) |
A warrant contemplated in subsection (2) may only be issued if it appears to the magistrate, or a judge from information on oath or affirmation, stating— |
| (a) |
the nature of the investigation or inquiry; |
| (b) |
the suspicion which gave rise to the investigation or inquiry; and |
| (c) |
the need, in regard to the investigation, for a search and seizure in terms of this section, |
that there are reasonable grounds for believing that anything referred to in subsection (1) is on or in such premises or suspected to be on or in such premises.
| (4) |
A warrant issued in terms of this section may be issued on any day and shall be of force until— |
| (a) |
it has been executed; |
| (b) |
it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; or |
| (c) |
the expiry of three months from the day of its issue, |
whichever may occur first.
(5)
| (a) |
Any person who acts on authority of a warrant issued in terms of this section may use such force as may be reasonably necessary to overcome any resistance against the entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and state the purpose for which he or she seeks to enter such premises. |
| (b) |
The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with. |
| (6) |
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 in the circumstances. |
| (7) |
Any 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 premises, 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 premises; and |
| (b) |
supply such person at his or her request with particulars regarding his or her authority to execute such a warrant. |
| (8) |
If during the execution of a warrant or the conducting of a search in terms of this section, a person claims that any item found on or in the premises concerned contains privileged information and for that reason refuses the inspection or removal of such item, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the item contains information which is relevant to the investigation or inquiry and that such information is necessary for the investigation or inquiry, request the registrar of the High Court which has jurisdiction or his or her delegate, to seize and remove that item for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not. |
[Section 7A inserted by section 10 of Act No. 113 of 1998]
Housing Consumer Protection Measures Act, 1998
