Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule53. Search |
| (1) | Whenever it appears to a local representative of the Adjutant General from information contained in at least one sworn statement that there are reasonable grounds for suspecting that there is upon any person who is subject to this Code, or upon or at any premises, place, vehicle, vessel, aircraft or receptacle of whatever nature belonging to or occupied by or under the control of the South African National Defence Force— |
| (a) | stolen property or anything with respect to which any offence under this Code has been or is suspected on reasonable grounds to have been committed; or |
| (b) | anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of any such offence, or |
| (c) | anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any such offence, |
he may in writing authorize any superior officer of the person on whom or the person in charge or control of the premises, place, vehicle, vessel, aircraft or receptacle upon or at which such property or things is suspected to be, to search such person, place, vehicle, vessel, aircraft or receptacle, or any person found in or upon such premises, place, vehicle, vessel, aircraft or receptacle, to seize any such property or thing, if found, and to deliver it safely to the commanding officer of the person on whom or the person in charge or control of the premises, place, vehicle, vessel, aircraft or receptacle upon or at which such property or thing was found.
[Subsection (1) amended by section 43(b) of Act No. 16 of 1999]
| (2) | If an officer of field rank believes on reasonable grounds that the delay in obtaining written authority in terms of subsection (1), would defeat or prejudice the object of a search, he may, if he is the superior officer of the person upon whom or the person in charge or control of the premises, place, vehicle, vessel, aircraft or receptacle upon or at which such property or thing is suspected to be, authorize the search without such authority. |
| (3) | Any search in terms of subsection (1) or (2) shall be conducted in the presence of the person upon whom or the person in charge or control of the premises, place, vehicle, vessel, aircraft or receptacle upon or at which the property or thing in question is suspected to be: Provided that if the delay in securing the presence of such person is likely to prejudice the object of the search or if his presence cannot with due regard to the exigencies of the service be readily secured, the search may be made in his absence but in the presence of one or more other persons subject to this Code. |