Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)21. Inspectors |
| (1) | The Minister may designate and authorise a person as an inspector to perform the functions referred to in subsection (3). |
| (2) | An inspector shall be furnished with a certificate, signed by or on behalf of the Minister and bearing a declaration that the bearer is an inspector in terms of this Act, which shall be carried by the inspector at all times during the execution of his or her duties. |
| (3) | An inspector may, on the authority of a warrant issued in terms of subsection (4)— |
| (a) | at any reasonable time, enter premises where he or she has reason to believe that a statutory measure or any prohibition, control or direction referred to in this Act has been or is being contravened, in order to investigate and obtain evidence; |
| (b) | direct a person in control of or employed at such premises— |
| (i) | to deliver any book, record or other document that pertains to the investigation and which is in the possession or under the control of that person; |
| (ii) | to furnish such information as he or she has with regard to that matter; and |
| (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) | seize any agricultural product, material, substance, book, record or other document which is or might be relevant to a prosecution under this Act and keep it in his or her custody: Provided that the person from whose possession or control any book, record or document has been taken, may, at his or her own expense and under supervision of the inspector concerned, make copies thereof or excerpts therefrom; |
| (e) | take samples of any agricultural product or any material or substance used or intended for use in the sale, manufacture, production, processing, treatment, preparation, grading, classification, packing or marking thereof, and of any agricultural product, material or substance seized in terms of paragraph (d), and examine, analyse, grade or classify such samples. |
| (4) | A warrant referred to in subsection (3) shall be issued by a judge of the Supreme Court or by a magistrate who has jurisdiction in the area where the premises in question are situated, and shall only be issued if it appears from information on oath that there are reasonable grounds for believing that an article or thing mentioned in subsection (3) is upon or in such premises, and shall specify which of the acts mentioned in that subsection may be performed thereunder by the person to whom it is issued. |
| (5) | Any inspector executing a warrant in terms of this section shall 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 such copy to a prominent place on the premises; |
| (b) | supply such person at the request of such person, with particulars regarding his or her authority to execute such a warrant. |
| (6) | Any inspector may without a warrant enter upon any premises, other than a private dwelling, and search for, seize and remove any article or thing referred to in subsection (3) if the person who is competent to do so consents to such entry, search, seizure and removal. |
| (7) |
| (a) | Any inspector who, on the authority of a warrant issued in terms of subsection (4), enters upon and searches any premises may use such force as may reasonably be necessary to overcome resistance to such entry or search. |
| (b) | No person may enter upon or search any premises unless he or she has audibly demanded admission to the premises and has notified the purpose of his or her entry, unless such person is, upon reasonable grounds, of the opinion that any article or thing may be destroyed if such admission is first demanded and such purpose is first notified. |
| (c) | Any entry and search in terms of this section shall be executed by day, unless the execution thereof by night is justifiable and necessary. |
| (8) | A warrant contemplated in this section may be issued on any day and shall be of force until— |
| (a) | it is executed; or |
| (b) | it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; or |
| (c) | one month from the date of its issue; or |
| (d) | the purpose for which the warrant was issued, no longer exists, whichever occurs first. |
| (9) | If no criminal proceedings are instituted in connection with an agricultural product, material, substance, book, record or other document seized in terms of subsection (3)(d), or if it appears that such agricultural product, material, substance, book, record or other document is not required at the trial for the purposes of evidence or an order of court, that agricultural product, material, substance, book, record or other document shall be returned to the person from whom it was seized. |