| (1) |
An investigation officer contemplated in section 31A(2) may, on the authority of a warrant contemplated in subsection (4) and without prior notice— |
| (a) |
at any time reasonable for the proper performance of his or her duties in terms of this Act, enter upon and search any premises or veterinary facility where clinical veterinary services are rendered and specified in the warrant to carry out an investigation and make any inquiry, as he or she deem necessary; |
| (b) |
while he or she is on the premises or at any other time, request the person whose conduct is being investigated to immediately or at a time and place determined by him or her or the registrar— |
| (i) |
produce to him or her such records or electronic data or both relating to, or which he or she on reasonable grounds believes to relate to, the matter which he or she is investigating, and such records or electronic data or both are or were present on the premises, or are or were in the possession or custody or under the control of that person or his or her employee or agent; and |
| (ii) |
furnish such explanations to him or her as he or she may require in respect of any such records or electronic data or both; |
| (c) |
at any time and at any place— |
| (i) |
request any person who has or is suspected on reasonable grounds of having in his or her possession or custody or under his or her control any records or electronic data or both relating to the matter which is being investigated to produce such records or electronic data or both immediately or at a time and place determined by the registrar or him or her; |
| (ii) |
examine such records or electronic data or both; |
| (iii) |
make extracts from and copies of such records or electronic data or both; and |
| (iv) |
request any person to furnish such explanations to him or her as he or she may require. |
| (2) |
An investigation officer contemplated in subsection (1) may, where necessary, be accompanied by a police official. |
| (3) |
An investigation officer or a person assisting an investigation officer contemplated in subsection (1) who removes or seizes anything from the premises or facility being searched, shall— |
| (a) |
issue a receipt for it to the owner or person in control of the premises or facility; and |
| (b) |
unless it is an item prohibited in terms of the Act or the rules, return it as soon as practicable after achieving the purpose for which it was removed or seized. |
| (4) |
A warrant referred to in subsection (1) may be issued by a magistrate or a judge of a court of law with competent jurisdiction if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises or facility of a contravention or alleged contravention of this Act or the rules. |
| (5) |
No person is entitled to compensation for any loss or damage arising out of a bona fide action by an investigation officer, a person assisting an investigation officer or police official referred to in subsection (2) of this section. |
| (6) |
An investigation officer who enters and searches any premises under this section must conduct the entry and search with strict regard to decency and good order, including regard for each person's right to dignity, freedom and security and privacy. |
| (7) |
During any search under this section, only a female investigation officer or police officer may search a female person, and only a male investigation officer or police officer may search a male person. |
[Section 31B inserted by section 9 of Act No. 16 of 2012]
Protection of Businesses Act, 1978
