Explosives Act, 2003 (Act No. 15 of 2003)Chapter 2 : Appointment and Functions of Inspectors and Disposal of Explosives6. Entry and search of premises |
| (1) | An inspector may, on the authority of a warrant issued in terms of subsection (2)— |
| (a) | in order to obtain evidence, enter any premises where he or she has reason to believe that any provision of this Act has been or is being contravened; |
| (b) | direct the person in control of or any person employed at the premises— |
| (i) | to deliver any book, record or other document that pertains to the investigation and is in the possession or under the control of that person; |
| (ii) | to furnish such information as he or she has with regard to the matter; or |
| (iii) | to render such assistance as the inspector requires in order to enable him or her to perform his or her functions under this Act; |
| (c) | inspect any book, record or other document and make copies thereof or excerpts therefrom; |
| (d) | examine any explosive or other material, substance or article found on the premises; |
| (e) | take samples of any explosive, material, substance or article for the purposes of testing, examination, analysis and classification; |
| (f) | seize any explosive, material, substance, book, article or record or other document, which might be relevant to a prosecution under this Act and keep it in his or her custody, but the person from whom any book, record or document has been taken, may, at his or her own expense and under supervision of the inspector, make copies thereof or excerpts therefrom. |
| (2) | A warrant referred to in subsection (1), must be issued by a magistrate or a judge of the High Court who has jurisdiction in the area where the premises in question are situated, and may only be issued if it appears from information on oath or solemn declaration that there are reasonable grounds for believing that a provision of this Act has been or is being contravened and must specify which of the acts mentioned in subsection (1) may be performed by the inspector. |
| (3) | An inspector executing a warrant issued in terms of this section must immediately before commencing the execution— |
| (a) | identify himself or herself to the person in control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix a copy to a prominent place on the premises; and |
| (b) | on request supply such person with particulars of his or her authority to execute the warrant. |
| (4) |
| (a) | An inspector may not enter upon or search any premises until he or she has audibly demanded admission to the premises and has notified the purpose of his or her entry, unless he or she is, on reasonable grounds, of the opinion that such demand and notification will defeat the purpose of the search. |
| (b) | An inspector, on the authority of a warrant issued in terms of subsection (2), may use such force as may reasonably be necessary to overcome resistance to his or her entry or search. |
| (c) | Any entry and search in terms of this section may only be executed by day, unless the execution thereof by night is justifiable and necessary. |
| (5) | A warrant contemplated in this section remains in force until— |
| (a) | it has been executed; |
| (b) | it is cancelled by the person who issued it, or if such person is not available, by any person with similar authority; |
| (c) | qone month from the date of its issue; or |
| (d) | the purpose for which the warrant was issued no longer exists, |
whichever occurs first.
| (6) | An inspector may without a warrant enter upon any premises and search for, seize and remove anything referred to in subsection (1) if— |
| (a) | the person who is competent to do so consents to such entry, search, seizure and removal; or |
| (b) | there are reasonable grounds to believe that— |
| (i) | a warrant would be issued to the inspector if he or she applied for such warrant; and |
| (ii) | the delay in obtaining such warrant would defeat the purpose of the search. |
| (7) | If, during the execution of a warrant or during a search in terms of this section, a person claims that an article or document found upon or in the premises in question contains privileged information and refuses the inspection of such article or document, the inspector may request the clerk of the court or Registrar of the High Court having jurisdiction, to attach and remove that article or document for safe custody until a court of competent jurisdiction has made a ruling on the question as to whether or not the information in question is privileged. |
| (8) |
| (a) | Subject to paragraphs (b), (c), (d) and (e), any explosives seized in terms of this section must be dealt with as contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); |
| (b) | If the explosives cannot be moved due to the large volume thereof, the inspector must ensure that the explosives are guarded until they are disposed of in terms of this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); |
| (c) | No person may interfere with explosives contemplated in paragraph (b), unless authorised by the inspector. |
| (d) | The explosives— |
| (i) | must be destroyed in accordance with section 8 if the explosives— |
| (aa) | are declared unserviceable or unstable by the inspector; or |
| (bb) | are dangerous and pose a threat to the safety and security of any person; or |
| (ii) | may be destroyed in accordance with section 8 if the criminal proceedings in respect of the explosives are not finalised within three months from the seizure of the explosives. |
| (e) | Before any explosives are destroyed in terms of paragraph (d), a person contemplated in section 212(4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), may investigate the explosives in question and prepare an affidavit contemplated in that section. |