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conviction to a fine not exceeding R5 million or imprisonment not exceeding 5 years or
to both such fine and imprisonment.
Obstructing or hindering member of law enforcement agency or investigator who
is accompanied by member of law enforcement agency and authority to
overcome resistance
34.
(1)
Any person who obstructs or hinders a member of a law
enforcement agency or an investigator who is accompanied by a member of a law
enforcement agency in the exercise of his or her powers or the performance of his or
her duties or functions in terms of this Chapter or who refuses or fails to comply with a
search warrant issued in terms of section 29(1), section 30(3) or which takes place in
terms of section 31, is guilty of an offence and is liable on conviction to a fine not
exceeding R5 million or imprisonment not exceeding 5 years or to both such fine and
imprisonment.
(2)
(a)
A member of a law enforcement agency or a member of a
law enforcement agency who accompanies an investigator who may lawfully execute
any power conferred upon him or her in terms of section 29(2) of this Act, may use such
force as may be reasonably necessary, proportional to all the circumstances relating to
the execution of such powers.
(b)
No member of a law enforcement agency may enter upon or
search any premises, vehicle, facility, ship or aircraft unless he or she has audibly
demanded admission to the premises, vehicle, facility, ship or aircraft and has notified
the purpose of his or her entry.
(c)
The provisions of paragraph (b) do not apply where the
member of a law enforcement agency is, on reasonable grounds, of the opinion that an
article which is the subject of the search may be destroyed, disposed of or tampered
with if the provisions of paragraph (b) are complied with.