Precious Metals Act, 2005 (Act No. 37 of 2005)16. Powers of police to inspect, search and seize |
| (1) | A member of the South African Police Service may at any reasonable time, without prior notice and on the authority of a warrant issued in terms of subsection (5) and subject to section 17, enter and search any premises that have a bearing on an investigation and are specified in the warrant, including a private dwelling, and may— |
| a) | seal, mark or otherwise secure any package or container found in or on such premises; |
| b) | take an account of all precious metal found in or on such premises and, if necessary, take such precious metal into custody; |
| (c) | search any person on those premises if there are reasonable grounds for believing that the person has an article, a document or a record in his or her possession that has a bearing on the investigation; |
| (d) | take extracts from, or make copies of any book, document or record on the premises and that has a bearing on the investigation; |
| (e) | demand the production of and inspect any licence, permit, certificate or document that is relevant to the inspection; and |
| (f) | take samples of any substance that is relevant to the inspection. |
| (2) | A member of the South African Police Service who removes anything from the premises being searched must— |
| (a) | issue a receipt for it to the owner or person in control of the premises; and |
| (b) | unless it is an item that such owner or person is not allowed to possess in terms of this Act, return it as soon as practicable after it has served the purpose for which it was removed. |
| (3) | Upon the request of a member of the South African Police Service acting under a warrant issued in terms of subsection (5), the occupant and any other person present on the premises must— |
| (a) | make available or accessible or deliver to the member any document, record, object or material which pertains to an investigation contemplated in subsection (1) and which is in the possession or under the control of the occupant or other person; |
| (b) | furnish such information as he or she has with regard to the matter under investigation; and |
| (c) | render such reasonable assistance as the member may require to be able to perform his or her functions in terms of this Act efficiently. |
| (4) | Before questioning any person at the premises in question, the member of the South African Police Service must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right. |
| (5) | A warrant contemplated in subsection (1) may be issued by a judge or a magistrate— |
| (a) | in relation to premises on or from which there is reason to believe that a contravention of this Act has been or is being committed; and |
| (b) | if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises of a contravention of this Act. |
| (6) | The warrant may impose restrictions on the powers of the member of the South African Police Service. |
| (7) | A warrant issued in terms of this section— |
| (a) | remains in force until— |
| (i) | it is executed; |
| (ii) | it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; |
| (iii) | the expiry of one month from the date of its issue; or |
| (iv) | the purpose for which the warrant was issued has lapsed, whichever occurs first; and |
| (b) | must be executed by day unless the person who issues the warrant authorizes the execution thereof by night. |
| (8) | For the purposes of this section "premises" means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle, aircraft, ship or any other means of conveyance. |