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27.
(a)
The provisions of this Chapter apply in addition to—
Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or any other
applicable law which regulates the search and accessing or seizure of articles
connected with offences; and
(b)
Chapter 2 of the International Co-operation in Criminal Matters Act, 1996 (Act No.
75 of 1996), which regulates the mutual provision of evidence in criminal matters.
Search for and access to or seizure of, certain articles
28.
Any member of a law enforcement agency or an investigator accompanied
by a member of a law enforcement agency may, in accordance with the provisions of
this Chapter, access or seize any article, whether within the Republic or elsewhere.
Article to be accessed or seized under search warrant
29.
(1)
Subject to the provisions of sections 31, an article referred to in
section 28 can only be accessed or seized by virtue of a search warrant issued—
(a)
by a magistrate or judge of the High Court, on written application by a member of
a law enforcement agency, if it appears to the magistrate or judge, from
information on oath or by way of affirmation that there are reasonable grounds for
believing that an article is—
(i)
within his or her area of jurisdiction; or
(ii)
being used or is involved in the commission of an offence—
(aa)
within his or her area of jurisdiction; or
(bb)
within the Republic, if it is unsure within which area of jurisdiction
the article is being used or is involved in the commission of an
offence; or
(b)
by a magistrate or judge presiding at criminal proceedings, if it appears to such
magistrate or judge that an article is required in evidence at such proceedings.