Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart B : Powers of Search and Summons47. Authority to enter and search without warrant |
| (1) | An inspector who is not authorised by a warrant in terms of section 46(2) may enter and search premises other than a private dwelling. |
| (2) | Immediately before entering and searching in terms of this section, the inspector conducting the search must provide identification to the owner or person in control of the premises and explain to that person the authority by which the search is being conducted, and must — |
| (a) | get permission from that person to enter and search the premises; or |
| (b) | believe on reasonable grounds that a warrant would be issued under section 46 if applied for, and that the delay that would ensue by first obtaining a warrant would defeat the object or purpose of the entry and search. |
| (3) | An entry and search without a warrant may be carried out only during the day, unless doing it at night is justifiable and necessary in the circumstances. |
[Section 47 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]