Liquor Act, 2003 (Act No. 59 of 2003)Chapter 4 : Compliance26. Functions of inspectors |
| (1) | An inspector may— |
| (a) | investigate complaints submitted to the inspector in the prescribed manner and form; and |
| (b) | subject to this Act or any other law that authorises the inspector to conduct an inspection— |
| (i) | monitor and enforce compliance with this Act or that law; or |
| (ii) | conduct an inspection under this Act or that law. |
| (2) | Subject to sections 28(3) and 30(3) and (5), and the provisions of any other law, an inspector may— |
| (a) | question any person whom the inspector believes may have information relevant to an inspection; |
| (b) | question any person present on any premises being inspected, in respect of any matter which may be relevant to the inspection; |
| (c) | inspect any document that— |
| (i) | a person is required to maintain in terms of this Act or any other relevant law; or |
| (ii) | may be relevant to any liquor-related inspection; |
| (d) | copy any document referred to in paragraph (c), or if necessary, remove the document in order to copy it; |
| (e) | take samples of any substance that is relevant to the inspection; |
| (f) | seize— |
| (i) | any liquor that appears to have been manufactured contrary to section 4(2); |
| (ii) | any liquor, if it appears that the liquor is being distributed contrary to section 4(2); |
| (iii) | any methylated spirits that appears to have been manufactured or sold contrary to this Act; or |
| (iv) | any substance that appears to be prohibited in terms of section 6. |
| (g) | for the purpose of the inspection, take photos or make audio-visual recordings of anything or any person, process, action or condition implicated in the inspection on or regarding any premises; and |
| (h) | do all things necessary for conducting the inspection. |
| (3) | An inspector who— |
| (a) | seizes any goods in terms of subsection (2)(f), must— |
| (ii) | secure the seized goods, pending a decision concerning forfeiture of those goods in terms of section 35(2); or |
| (b) | removes anything from premises being inspected, must— |
| (i) | issue a receipt for it to the owner of or person in control of the premises; and |
| (ii) | unless it is a substance contemplated in subsection (2)(e), return it as soon as practicable after achieving the purpose for which it was removed. |
| (4) | An inspector may be accompanied during an inspection by a member of the South African Police Service and any other person reasonably required to assist in conducting the inspection. |