| (1) | The executive officer or the assignee may, on the authority of a warrant issued in terms of subsection (2), and for purposes other than for the purpose of the application of section 3A, at any time— |
| (a) | enter upon any place, premises or conveyance in or upon which any product, material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, processed, treated, prepared, classified, graded, packed, marked, labelled, kept, removed, transported, exhibited or sold; |
| (b) | perform any of the acts referred to in section 3A for such other purposes; and |
| (c) | seize any product, material, substance or other article or any book or document. |
| (2) | A warrant referred to in subsection (1) shall be issued by a judge of a High Court or by a magistrate who has jurisdiction in the area where the place or premises in question are situated, or where the conveyance 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) or (c) is upon or in such place, premises or conveyance and shall specify which of the acts mentioned in subsection (1) may be performed thereunder by the person to whom it is issued. |
| (3) | A warrant issued in terms of this section shall be executed by day unless the person who issued the warrant authorizes the execution thereof by night at times which shall be reasonable, and entry upon and search of any place, premises or conveyance 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. |
| (4) | The relevant person referred to in subsection (1) 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 conveyance, 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 spot on the place, premises or conveyance; and |
| (b) | supply such person at his or her request with particulars regarding his or her authority to execute such a warrant. |
| (5) | The relevant person referred to in subsection (1) may without a warrant enter any place, premises or conveyance, classify, grade, pack, mark, inspect or test any quantity of a product and search for, seize, take samples of and remove any article referred to in subsection (1) if— |
| (a) | the person who is competent to do so, consents to such entry, classification, grading, packing, marking, inspection, testing, search, seizure, taking of samples and removal; or |
| (b) | he or she upon reasonable grounds believes that— |
| (i) | the required warrant would be issued to him or her in tem1s of subsection (2) if he or she were to apply for such warrant; and |
| (ii) | the delay caused by obtaining such warrant would defeat the object of such warrant. |
| (a) | The relevant person referred to in subsection (1) who may, on the authority of a warrant issued in terms of subsection (2), or under the provisions of subsection (5), enter and search any place, premises or conveyance, 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 conveyance unless he or she has audibly demanded admission to the place, premises or conveyance 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. |
| (7) | 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 conveyance in question contains privileged information and refuses the inspection or removal of such article, the relevant person referred to in subsection (1) 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 High 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 infom1ation in question is privileged. |
| (8) | 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 date of its issue; or |
| (d) | the purpose for which the warrant was issued, no longer exists, |
whichever may occur first.
| (9) | If no criminal proceedings are instituted in connection with any product, material, substance, book, other article or document seized under subsection (1) or (5), or if it appears that such product, material, substance, book, other article or document is not required at the trial for purposes of evidence or an order of court, that product, material, substance, book, other article or document shall be returned to the person from whom it was seized. |
[Section 7 substituted by section 9 of Act No. 63 of 1998]
