Business Practices Committee Report 80

Officials of the Committee again visited Propalux on 29 March 2000 and held discussions with Mthombeni. In terms of section 7 of the Act, investigating officers may, inter alia, at all reasonable times, enter any premises in which any book, statement or document connected with a particular investigation is or is reasonably suspected to be, and may inspect or search those premises and examine any book, statement or document found. Investigating officers shall enter premises and exercise any powers in terms of section 7 only under a search warrant issued by a magistrate, unless the owner or person in charge of the premises concerned has consented thereto in writing.

Mthombeni signed a consent confirming that the two investigating officers of the Committee presented him with their letters of appointment as investigating officers as well as their identity documents. He confirmed that he had read sections 7.3, 7.3A, 7.3B and 7.4 of the Act and that he consented to the investigating officials entering the offices of Propalux and exercising any powers contemplated in subsection 7.3 of the Act without obtaining a search warrant. This consent applied for the duration of the investigation.

At the end of the meeting Mthombeni presented the officials with a number of documents. It was arranged that a further meeting would be held on 17 April 2000.