Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)12. Inspectors |
| (1) | The chairperson of the Council may from time to time in writing appoint as many inspectors as he may deem necessary to ensure that the provisions of this Act are complied with. |
| (2) | No person shall be appointed under subsection (1) as an inspector unless he is suitably qualified and possesses the necessary expertise to enable him to perform the functions of an inspector in an efficient manner. |
| (3) | An inspector shall be furnished with a document, signed by the chairperson of the Council, confirming his appointment as an inspector for the purposes of this Act, and such document shall be produced by the inspector at the request of any person who has a material interest in the functions of that inspector. |
| (4) | An inspector may at any reasonable time— |
| (a) | with the necessary equipment enter any premises in or upon which controlled goods are kept or are reasonably suspected to be kept, or in or upon which any activity related thereto is executed or is reasonably suspected to be executed; |
| (b) | investigate any such premises or any object or substance which may be found therein or thereupon, or any service or activity being performed or executed therein or thereupon. |
| (5) | An inspector may at any reasonable time with the necessary equipment enter any premises in or upon which controlled goods are developed, manufactured, stored or kept under a permit, and in relation to those premises, carry out such inspection as he may deem necessary to ascertain whether the conditions of the said permit have been or are being complied with. |
| (6) | For the purposes of an investigation in terms of subsection (4) or (5), the inspector may be accompanied by such other person or persons as may be indicated in the document confirming his authority. |
| (7) | If an inspector has in general or in a particular case been instructed thereto by the chairperson of the Council in writing, he may, with the necessary equipment, enter any premises as referred to in subsection (4) or (5), and for the purposes of this Act in relation to such premises— |
| (a) | conduct an examination, take measurements, cause samples to be taken, take photographs or remove any other evidence of the existence or former existence of controlled goods used or suspected to be intended for use in the manufacture of weapons of mass destruction, and open any package or container which contains or is suspected to contain controlled goods; |
| (b) | examine any activity, operation or process executed or carried on in or upon the said premises; |
| (c) | at any time demand from any person that he immediately, or at a time and place fixed by the said inspector, produce to him any book, document, data or thing which is in the possession or custody or under the control of that person or any other person on his behalf; |
| (d) | examine such book, document, data or thing, and make copies thereof or extracts therefrom if it relates to any controlled goods or activity in respect thereof, or to any permit, and require from any person referred to in paragraph (c) an explanation of any record or entry therein, and seize such book, document, data or thing if in his opinion it may afford evidence of any offence in terms of this Act; |
| (e) | with regard to any matter which he is investigating, question, either alone or in the presence of any other person, as he may deem fit, any person whom he finds in or upon the said premises or whom he on reasonable grounds suspects to be or to have been employed in or upon such premises or to have possession or custody of or control over anything referred to in this subsection; and |
| (f) | order any person referred to in paragraph (c) or (e) to appear before him at a date, time and place fixed by him, and at that date, time and place question that person with regard to any matter which is being investigated by him. |
| (8) | Subject to section 21, an inspector and a person accompanying an inspector in terms of subsection (6), shall strictly abide by the provisions set forth in any authorization and code of conduct and fully respect the procedures designed to protect sensitive installations and to prevent the disclosure of confidential information. |
| (9) | Any person subject to an inquiry, inspection or verification in terms of this Act, may designate any person to accompany an inspector during the execution of an inquiry, inspection or verification. |
| (10) | No inspector or person accompanying an inspector in terms of subsection (6), shall handle any equipment belonging to a person subject to inspection or shall in person take samples. |