(b) shall be taken in the presence ofthe person in charge of or the owner or custodian of. such plant,
propagating material, substance or other article, or, if such person, owner or custodian is not
available, in the presence ofany other witness. and the form determined by the registrar shall be
completed in respect thereof;
(c) shall,
if necessary,
be packed and identified in such manner as the nature thereofpermits; and
(d) shall with all convenient speed be tested, examined or analysed in accordance with the methods
'which the registrar may determine or which may be prescribed, and the result ofsuch test,
examination or analysis shall be entered on the form determined by the registrar.
(3) A warrant referred 10 in subsection (1) shall be issued by a judge ofthe Supreme COUri or by a
magistrate who has jurisdiction in the area where the place or premises in question are situated, or
where the vehicle is or will be, and shall only be issued if it appears to the judge or magistrate from
information on oath that there are reasonable groundsfor believing that an article mentioned in
subsection (1)(a) and (b) is upon or in such place, premises or vehicle, and shall specify which ofthe
acts mentioned in subsection (1) may be performed thereunder by the person to whom it is issued.
(4) A warrant issued in terms ofthis section shall be executed by day unless the person who issues
the warrant authorizes the execution thereof by night at times which shall be reasonable, and entry
upon and search ofany place, premises or vehicle specified in such warrant shall be conducted with
strict regard to decency and order, including(a) a person's right to, respect for and the protection ofhis or her dignity;
(b) the right ofa person to freedom and security; and
(c) the right ofa person to his or her personal privacy.
(5) The registrar, officer or person executing a warrant in terms ofthis section shall immediately
before commencing with the execution(a) identify himselfor herselfto the person in control ofthe place, premises or vehicle, if such person
is present, and hand to such person a copy ofthe warrant or, if such person is not present, affix such
copy to a prominent place on the place, premises or vehicle,'
(b) supply such person at his or her request with particulars regarding his or her authority to execute
such a warrant.
(6) The registrar, an officer in the department or a person referred to in section 3(3)(a) may without
a warrant enter any place, premises or vehicle, and search/or, seize, take samples ofand remove any
article referred to in subsection (1) if the person who is competent to do so consents to such entry,
search, seizure, taking ofsamples and removal.
(7)(a) The registrar, officer or person who may on the authority ofa warrant issued in terms of
subsection (3) enter and search anyplace, premises or vehicle, may use such force as may be
reasonably necessary to overcome resistance to such entry or search.
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