Nuclear Energy Act, 1999 (Act No. 46 of 1999)Chapter III Nuclear Non-Proliferation40. Provisions regarding issuing and execution of warrants |
| 1) | Any warrant required in terms of section 38 may be issued in chambers by any judge of the High Court or by a magistrate who has jurisdiction in the area in which- |
| a) | the land, premises or place where the search is to be undertaken, is situated; |
| b) | the means of conveyance to be searched, is to be found; or |
| c) | the land from under the surface of which a sample is to be taken, is situated. |
| 2) | A warrant contemplated in section 38(1) or (3)(b) will be issued only if it appears to the judge or magistrate from information on oath or affirmation that there are reasonable grounds for believing that- |
| a) | restricted matter, the possession of which is unlawful in terms of section 34, is to be found on or in the land, premises, place or means of conveyance for which the search warrant is required; or |
| b) | a restricted act or activity is being, has been or is likely to be performed or carried out thereat, thereon, therein or therefrom; or |
| c) | an offence in terms of section 56 based on the unlawful possession of restricted matter or the performance or carrying out of any restricted act or activity without the Minister’s authorisation, in terms of section 34 or 35, is being or has been committed at, on, in, from or by means of the land, place, premises or means of conveyance concerned. |
| 3) | The inspector applying for the warrant must indicate whether the search of any person will be or is likely to be necessary. No person may be searched unless it is expressly authorised in the warrant. |
| 4) | The entry upon or entry onto or into the land, premises, place or means of conveyance specified in a warrant issued under subsection (2) and, where authorised by that warrant, the search of any person thereat, thereon or therein, must be conducted with strict regard to decency and order, including the individual’s- |
| a) | right to respect for and protection of personal dignity; |
| b) | right to freedom and security of person; and |
| c) | right to personal privacy. |
| 5) | An inspector who, on the authority of a warrant issued under subsection (2), may enter upon or enter, and search, any land, premises, place or means of conveyance and, where applicable, search any person thereat, thereon or therein, may use the force that may be reasonably necessary to overcome any resistance to the entry and search. |
| 6) | A warrant contemplated in section 38(3)(a) will be issued only if it appears to the judge or magistrate from information on oath or affirmation that there are reasonable grounds for believing that- |
| a) | an offence contemplated in subsection (2)(c) has been committed; and |
| b) | the sample to be taken from under the surface of the land concerned is likely to afford or corroborate evidence relating to that offence. |
| 7) | A warrant in terms of this section may be issued on any day and remains in force until the occurrence of any of the following events (whichever occurs first): |
| a) | The warrant has been executed; or |
| b) | it is cancelled by the judge or magistrate who issued it, or, if not available, by any other judge, or by any other magistrate with like authority (as the case may be); or |
| c) | the expiry of three months from the day of its issue; or |
| d) | the purpose for which the warrant was issued, no longer exists. |
| 8) | A warrant issued in terms of this section may be executed by day only, unless the person who has issued the warrant has authorised the execution thereof by night. |
| 9) | An inspector executing a warrant in terms of this section, must immediately before commencing with the execution thereof- |
| a) | furnish proof of identity to the person in control of the land, premises, place or means of conveyance to be entered upon or entered, if that person is present, and hand to that person a copy of the warrant, or, if that person is not present, affix a copy of the warrant to a prominent spot at, on or to the land, premises, place or means of conveyance; and |
| b) | at the request of that person, furnish to that person particulars regarding the inspector’s authority to execute the warrant. For that purpose, production of the inspector’s certificate of appointment issued under subsection 53(2), may be demanded. |