(a)
conducted with strict regard to decency and order, including
the protection of a person's right to dignity, to freedom and
security and to privacy; and
(b)
executed by day unless the execution thereof by night is
justifiable and necessary.
(6)
The seizure of a document or thing under this section shall be effected
by removing it from the premises concerned or, if that removal is not
reasonably practicable, by sealing or otherwise safeguarding it on or
in the premises.
(7)
An inspector who may under this section enter and search any
premises(a)
shall, immediately before the entry, audibly demand admission
to the premises and make known the purpose of the entry and
search, unless there are reasonable grounds for believing that
a document or thing in respect of which the search occurs,
may be destroyed, disposed of or tampered with if that
admission is first demanded and that purpose is made known;
(b)
may use the force that is reasonably necessary to overcome
resistance to the entry or search or the seizure of a document
or thing under this section;
(c)
may utilize or request the assistance of any person to identify
any document or thing which has a bearing on the alleged
offence or to otherwise conduct the entry or search or the
seizure of any document or thing under this section.
(8)
A person from whose possession or control a document has been
removed under this section may, at his or her own expense and under
the supervision of an inspector, make copies thereof or excerpts
therefrom.
(9)
(a)
An inspector who removes a document or thing from any
premises under this section shall issue a receipt to the person
who is the owner or in possession or in control thereof or, if
that person is not present, affix it to a prominent place on the
premises.
(b)
If an inspector who is not a member of the South African Police
Service removes a document or thing under this section, he or
she shall forthwith hand it over to any member of that Police
Service.
(a)
If, during the conduct of a search under this section, a person
claims that a document or thing found on or in the premises
contains privileged information and refuses the examination or
removal of the document or thing, the inspector conducting the
search shall, if he or she is of the opinion that the document or
thing contains information which has a bearing on the alleged
offence, request the registrar of the High Court which has
jurisdiction or his or her delegate, to seize the document or
(10)