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No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
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contemplated in section 102 and then only to the extent that the answer or statement is
relevant to prove the offence charged.
Matters exempt from search and seizure
85. If the Regulator has granted an exemption in terms of section 37, the information
that is processed in terms of that exemption is not subject to search and seizure
empowered by a warrant issued under section 82.
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Communication between legal adviser and client exempt
86. (1) Subject to the provisions of this section, the powers of search and seizure
conferred by a warrant issued under section 82 must not be exercised in respect of—
(a) any communication between a professional legal adviser and his or her client 10
in connection with the giving of legal advice to the client with respect to his
or her obligations, liabilities or rights; or
(b) any communication between a professional legal adviser and his or her client,
or between such an adviser or his or her client and any other person, made in
connection with or in contemplation of proceedings under or arising out of 15
this Act, including proceedings before a court, and for the purposes of such
proceedings.
(2) Subsection (1) applies also to—
(a) any copy or other record of any such communication as is mentioned therein;
and
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(b) any document or article enclosed with or referred to in any such communication if made in connection with the giving of any advice or, as the case may be,
in connection with or in contemplation of and for the purposes of such
proceedings as are mentioned therein.
Objection to search and seizure
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87. If the person in occupation of any premises in respect of which a warrant is issued
under this Act objects to the inspection or seizure under the warrant of any material on
the ground that it—
(a) contains privileged information and refuses the inspection or removal of such
article or document, the person executing the warrant or search must, if he or 30
she is of the opinion that the article or document contains information that has
a bearing on the investigation and that such information is necessary for the
investigation, request the Registrar of the High Court which has jurisdiction or
his or her delegate, to attach and remove that article or document for safe
custody until a court of law has made a ruling on the question whether the 35
information concerned is privileged or not; or
(b) consists partly of matters in respect of which those powers are not exercised,
he or she must, if the person executing the warrant so requests, furnish that
person with a copy of so much of the material as is not exempt from those
powers.
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Return of warrants
88. A warrant issued under section 82 must be returned to the court from which it was
issued—
(a) after being executed; or
(b) if not executed within the time authorised for its execution,
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and the person who has executed the warrant must make an endorsement on it stating
what powers have been exercised by him or her under the warrant.