44
(6)
A magistrate or judge of the High Court who has issued a warrant
under subsection (3) or, if he or she is not available, any other magistrate or judge of
the High Court must, upon receipt of a written application submitted to him or her in
terms of subsection (4)(b), reconsider that application whereupon he or she may
confirm, amend or cancel that warrant.
Search and access or seizure without search warrant
31.
Any member of a law enforcement agency or an investigator who is
accompanied by a member of a law enforcement agency may, without a search
warrant, execute the powers referred to in section 29(2) of this Act, subject to any other
law if the person who has the lawful authority to consent to the—
(a)
search for and access to or seizure of the article in question; or
(b)
search of a container, premises, vehicle, facility, ship, aircraft, data, computer
device,
computer
network,
database,
critical
database,
electronic
communications network or a National Critical Information Infrastructure,
consents, in writing, to such search and access to or seizure of the article in question.
Search and seizure for and access to article on arrest of person
32.
(1)
On the arrest of any person on suspicion that he or she has
committed—
(a)
an offence under this Act; or
(b)
any other offence,
a member of a law enforcement agency may search the arrested person and seize any
article referred to in section 28 which is in the possession of, in the custody of or under
the direct control of, the arrested person.