Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)Chapter 9 : Information Gathering, Supervisory On-Site Inspections and InvestigationsPart 4 : Investigations138. Warrants |
(1)
| (a) | A judge or magistrate who has jurisdiction may issue a warrant for the purposes of this Part on application by an investigator. |
| (b) | The judge or magistrate may issue a warrant in terms of this section— |
| (i) | on written application by the investigator setting out under oath or affirmation why it is necessary to enter and investigate the premises; and |
| (ii) | if it appears to the magistrate or judge from the information under oath or affirmation that— |
| (aa) | in the case of an investigation under section 135(1)(a), that— |
| (AA) | there are reasonable grounds for suspecting that a contravention of a financial sector law has occurred, may be occurring or may be about to occur; |
| (BB) | entry and investigation of the premises are likely to yield information pertaining to the contravention; and |
| (CC) | entry and investigation of those premises is reasonably necessary for the purposes of the investigation; |
| (bb) | in the case of an investigation under section 135(1)(b), that there are reasonable grounds to believe that the investigation is necessary to comply with a request referred to in that section. |
| (2) | A warrant issued in terms of this section must be signed by the judge or magistrate issuing it. |
| (3) | An investigator who enters premises under the authority of a warrant must— |
| (a) | if there is apparently no one in charge of the premises when the warrant is executed, fix a copy of the warrant on a prominent and accessible place on the premises; and |
| (b) | on reasonable demand by any person on the premises, produce the warrant or a copy of the warrant. |