Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 6 : Powers of Entry, Search, Seizure, Arrest and Detention18. Powers of entry, search, seizure, arrest and detention |
| (1) | An officer may, with or without a warrant, within the border law enforcement area or at a port of entry— |
| (a) | enter any premises; |
| (c) | inspect any goods, documents, premises or vehicle; |
| (d) | seize anything found in that search or inspection that may be lawfully seized; |
| (e) | question any person about any matter related to the passage of persons, goods or vehicles through a port of entry or across the border law enforcement area and confirm their responses in a written declaration; and |
| (f) | arrest or detain any person reasonably suspected of contravening any provision of this Act. |
| (2) | An officer may, without a warrant, exercise any power in terms of subsection (1) if— |
| (a) | a person who is competent to do so consents to the entry, search, inspection or seizure; or |
| (b) | the officer on reasonable grounds believes that— |
| (i) | a warrant will be issued if applied for; and |
| (ii) | the delay in obtaining the warrant is likely to defeat the object of such warrant. |