Animal Improvement Act, 1998 (Act No. 62 of 1998)21. Inspection |
| (1) | The registrar or an officer referred to in section 3(2)(a), may perform the functions of an inspector referred to in subsection (3). |
| (2) | The registrar shall furnish an officer referred to in section 3(2)(a), with a certificate that he or she is authorised to act as inspector in terms of this Act. |
| (3) | An inspector may, on the authority of a warrant issued in terms of subsection (4)— |
| (a) | at any reasonable time, enter premises with regard to which he or she has reason to believe that an offence is being or has been committed in terms of this Act, in order to investigate and obtain evidence; |
| (b) | examine or test or cause to be examined or tested, any animal or genetic material to which this Act applies and which is found in or at such premises; |
| (c) | examine or test or cause to be examined or tested any equipment, material, substance or other article which is used or is suspected to be used at or in connection with the collection, evaluation, processing, packing or storing of genetic material or the artificial insemination or transferring of ova or embryos into recipient female animals; |
| (d) | inspect the operations or process in connection with any action referred to in paragraph (c), and demand from the owner or custodian of the animal, genetic material, equipment, material, substance or other article concerned, or from the person who has it in his or her custody, or who supervises such operations or processes, any information or an explanation regarding the operation, process, animal, genetic material, material, substance or other article: Provided that such information or explanation shall only be admissible as evidence in a court of law against such owner or person on a charge referred to in section 25(1)(b); |
| (e) | take or cause to be taken such samples of the blood of an animal or genetic material, material, substance or other article as he or she may deem necessary, and for such purpose open any container in which such genetic material, material, substance or other article is contained and require reasonable assistance from the owner or the person who has such animal, genetic material, material, substance or other article in his or her custody; |
| (f) | examine and make copies of or take extracts from any book or document in respect of which he or she on reasonable grounds suspects that it relates to such animal, genetic material, material, substance or other article, irrespective of whether or not it is kept on or at the place, premises or conveyance concerned or at any other place, and demand from the owner of such book or document or from the person who has it in his or her custody an explanation regarding any record or entry therein: Provided that such explanation shall only be admissible as evidence in a court of law against such owner or person on a charge referred to in section 25(1)(b); and |
| (g) | seize any number of animals, or the whole, or any part of genetic material, material, substance or other article, or of any book or document. |
| (4) |
| (a) | A warrant referred to in subsection (3) shall be issued by a judge of the High Court or by a magistrate who has jurisdiction in the area in which the premises in question are situated, and shall only be issued if it appears from information under oath that there are reasonable grounds to believe that an animal, genetic material, equipment, material, substance or other article referred to in subsection (3)(b) or (c) is upon or in such premises, and shall specify which of the acts mentioned in that subsection may be performed thereunder by the person to whom it is issued. |
| (b) | A warrant issued in terms of this section shall be executed by day and shall be conducted with strict regard to decency and order. |
| (5) | Any inspector 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; |
| (b) | at the request of such person, show the certificate referred to in subsection (2) to such person. |
| (6) |
| (a) | A sample taken in terms of subsection (3)(e) shall, as soon as possible after it has been taken, be submitted to a person who is competent to test, examine or analyse that sample. |
| (b) | An inspector shall in respect of each sample taken, issue a receipt of sampling to the person who has custody of such animal or genetic material, at the request of such person. |
| (7) |
| (a) | An inspector concerned may remove any quantity of animals, genetic material, material, substance or other article, or any book or document thus seized, from the place, premises or conveyance where he or she seized it, or leave it thereon and, if he or she deems it necessary, attach such identification mark or seal as he or she may deem necessary on such animal, genetic material, substance or other article or the container thereof, or on such book or document. |
| (b) | The registrar may— |
| (i) | grant authority that an animal, genetic material, substance or other article seized in terms of subsection (3)(g), may within the period and in the manner specified in such authorisation, be treated or dealt with; |
| (ii) | if he or she is satisfied that the cause for the seizure concerned has been removed by such treatment or action, return that animal, genetic material, material, substance or other article to the person from whom it was seized. |
| (c) | If no criminal proceedings are instituted in connection with an animal, genetic material, material, substance or other article seized in terms of subsection (3)(g), or if it appears that such animal, genetic material, material, substance or other article is not required at the trial for the purposes of evidence or an order of court, that animal, genetic material, material, substance or other article shall be returned to the person from whom it was seized. |