|
OFFICE OF THE PRESIDENT
No. 1466. 20 September 1995
NO. 46 OF 1995: INVESTIGATION OF SERIOUS ECONOMIC
OFFENCES AMENDMENT ACT, 1995.
It is hereby notified that the President has assented to
the following Act which is hereby published for general
information:-
GENERAL EXPLANATORY NOTE:
** ** Words between two asterisks indicate omissions
from existing enactments.
<< >> Words between two pointed brackets
indicate insertions in existing enactments.
ACT
To amend the Investigation of Serious Economic Offences
Act, 1991, so as to provide anew for the entering upon
premises by the Director: Office for Serious Economic
Offences; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 20
September 1995.)
BE IT ENACTED by the Parliament of the Republic of South
Africa, as follows:-
Substitution of section 6 of Act 117 of 1991
1. The following section is hereby substituted for
section 6 of the Investigation of Serious Economic Offences
Act, 1991-
"Entering upon premises by Director
6. (1) The Director or any person authorised thereto by
him <<or her>> in writing may, <<subject
to this section,>> for the purposes of an inquiry at
any reasonable time and without prior notice or with such
notice as he <<or she>> may deem appropriate,
enter any premises on or in which anything connected
with
that inquiry is or is suspected to be, and may-
(a) inspect and search those premises, and there make
such enquiries as he or she may deem necessary;
(b) examine any object found on or in the premises
<<which has a bearing or might have a bearing on the
inquiry in question,>> and request from the owner or
person in charge of the premises or from any person in
whose possession or charge that object is, information
regarding that object;
(c) make copies of or take extracts from any book or
document found on or in the premises which <<has a
bearing or might have a bearing on the inquiry in
question,>> and request from any person **whom he
suspects**
<<suspected>> of having the
necessary information, an explanation of any entry therein;
(d) seize, against the issue of a receipt, anything on
or in the premises which **in his opinion** has a bearing
<<or might have a bearing>> on the inquiry in
question, or if he or she wishes to retain it for further
examination or for safe custody.
<<(2) Any entry upon or search of any premises in
terms of this section shall be conducted with strict regard
to decency and order, including-
(a) a person's right to, respect for and the protection
of his or her dignity;
(b) the right of a person to freedom and security; and
(c) the right of a person to his or her personal
privacy.
[ Top ]
(3) No evidence regarding any questions and answers
contemplated in subsection (1) shall be admissible in any
subsequent criminal proceedings against a person from whom
information in terms of that subsection is acquired if the
answers incriminate him or her, except in criminal
proceedings where the person concerned stands trial on a
charge contemplated in subsection (12).
(4) Subject to subsection (10), the premises referred to
in subsection (1) may only be entered, and the acts
referred
to in subsection (1) may only be performed, by
virtue of a warrant issued in chambers by a magistrate,
regional
magistrate or judge of the area of jurisdiction
within which the premises is situated: Provided that such a
warrant
may be issued by a judge in respect of premises
situated in another area of jurisdiction, if he or she
deems
it justified.
(5) A warrant contemplated in subsection (4) may only be
issued if it appears to the magistrate, regional magistrate
or judge from information on oath or affirmation, stating-
(a) the nature of the inquiry in terms of section 5;
(b) the suspicion which gave rise to the inquiry; and
(c) the need, in regard to the inquiry, for a search and
seizure in terms of this section, that there are reasonable
grounds for believing that anything referred to in
subsection (1) is on or in such premises or suspected to be
on or in such premises.
(6) A warrant issued in terms of this section may be
issued on any day and shall be of force until-
(a) it has been executed;
(b) it is cancelled by the person who issued it or, if
such person is not available, by any person with like
authority;
or
(c) the expiry of three months from the day of its
issue, whichever may occur first.
(7) (a) Any person who acts on authority of a warrant
issued in terms of this section may use such force as may
be reasonably necessary to overcome any resistance against
the entry and search of the premises, including the
breaking of any door or window of such premises: Provided
that such person shall first audibly demand admission to
the premises and state the purpose for which he or she
seeks to enter such premises.
(b) The proviso to paragraph (a) shall not apply where
the person concerned is on reasonable grounds of the
opinion
that any object, book or document which is the
subject of the search may be destroyed, tampered with or
disposed
of if the provisions of the said proviso are first
complied with.
(8) A warrant issued in terms of this section shall be
executed by day unless the person who issues the warrant
authorises the execution thereof by night at times which
shall be reasonable in the circumstances.
(9) Any person executing a warrant in terms of this
section shall immediately before commencing with 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 his or her request with
particulars regarding his or her authority to execute such
a
warrant.
(10) (a) The Director or any person referred to in
section 3(4)(a) may without a warrant enter upon any
premises
and perform the acts referred to in subsection
(1)- (i) if the person who is competent to do so
consents to such entry, search, seizure and removal; or
(ii) if he or she upon reasonable grounds believes that-
(aa) the required warrant will be issued to him or her
in terms of subsection (4) if he or she were to apply for
such warrant; and
(bb) the delay caused by the obtaining of any such
warrant would defeat the object of the entry, search,
seizure
and removal.
(b) Any entry and search in terms of paragraph (a) shall
be executed by day, unless the execution thereof by night
is justifiable and necessary.
(11) If during the execution of a warrant or the
conducting of a search in terms of this section, a person
claims
that anything found on or in the premises concerned
contains privileged information and refuses the inspection
or removal of such thing, the person executing the warrant
or conducting the search shall, if he or she is of the
opinion that the thing contains information which is
relevant to the inquiry and that such information is
necessary for the inquiry, request the registrar of the
Supreme Court which has jurisdiction or his or her
delegate, to seize and remove that thing for safe custody
until a court of law has made a ruling on the question
whether the information concerned is privileged or not.>>
**(2)**(12) Any person who-
(a) obstructs or hinders the Director or any other
person in the performance of his <<or her>>
functions
**under subsection (1)** <<in terms of
this>> section;
(b) when he <<or she>> is asked in terms of
subsection (1) for information or an explanation relating
to a matter within his <<or her>> knowledge,
refuses or fails to give that information or explanation or
gives information or an explanation which is false or
misleading, knowing it to be false or misleading, shall
be
guilty of an offence.".
Amendment of section II of Act 117 of 1991
2. The following section is hereby substituted for
section 11 of the Investigation of Serious Economic
Offences
Act, 1991:
"Penalties
11. Any person convicted of an offence referred to in
section 5(10), 6**(2)**(12) or 7(2) shall be liable to a
fine **not exceeding R8 000** or imprisonment for a period
not exceeding **two** <<five>> years or both
such fine and such imprisonment.".
Short title
3. This Act shall be called the Investigation
of Serious Economic Offences Amendment Act, 1995.
|
