Counterfeit Goods Act, 1997 (Act No. 37 of 1997)

12. Provisions relating to execution of court order authorising search for counterfeit goods and evidence relevant thereto
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(1)When the court in terms of section 11(4) has issued an order authorising a search of any place or premises, the respondent will be entitled to have his or her attorney present during the search and further execution of the order at, on or in such place or premises, if the presence of that attorney can be secured with due speed after the sheriff or designated person has arrived at the place or premises with a view to conducting that search and further executing that order.

 

(2)The sheriff or designated person, for the purpose of conducting the search, must be accompanied by the applicant’s attorney who, after service, at the place or premises where the search is to be conducted, of a copy of the application and order on the respondent, or, if the respondent is not present, on a responsible person ostensibly in control of such place or premises, must explain the terms of the order to the respondent or that person and inform him or her that the respondent is entitled to have his or her attorney present during the execution of the order provided the presence of the respondent’s attorney is secured with due speed.

 

(3)The sheriff or designated person conducting the search, must—
(a)prepare an inventory of the subject goods and ancillary materials attached by him or her on the authority of an order in terms of section 11(4) and furnish a copy of the inventory to the applicant and to the respondent;
(b)allow the parties to peruse the ancillary materials that have been so attached and to make copies thereof or excerpts therefrom; and
(c)allow the parties to inspect the subject goods and to have those goods tested or analysed on their behalf.

 

(4)When a search authorised by an order in terms of section 11(4) has been completed, the applicant’s attorney must, without delay—
(a)make a statement under oath or affirmation in which he or she reports fully on the conducting of the search and on any other steps taken by him or her in relation to or pursuant to the search with a view to complying with the requirements of that order or an order in terms of section 11(5) and the requirements imposed by this section, and, where any subject goods or ancillary materials have been attached on the authority of an order in terms of section 11(4), annex to that statement a copy of the inventory prepared in relation to the relevant subject goods and ancillary materials in compliance with subsection (3) of this section;
(b)cause the original of that statement, together with its annex, to be filed in the office of the registrar of the court in question and cause a certified copy thereof to be served on the respondent.