(a)
the person who is competent to consent to the entry and to
such search, seizure, removal and detention, gives that
consent; or
(b)
the inspector on reasonable ground believes that(i)
the required warrant will be issued to him or her in
terms of section 6 if he or she were to apply for the
warrant; and
(ii)
the delay that would ensue by first obtaining the
warrant would defeat the object or purpose of the entry,
search, seizure, removal, detention, collection of
evidence and other steps.
(3)
Subsection (2) (b) does not serve as authority for, and may not be
applied for the purposes of, entering and searching any private
dwelling, nor for conducting such seizure and removal, the collection
of evidence and the taking of the said other steps therein.
(4)
Notwithstanding the provisions of subsections (1) and (2)(a)
any acts performed by an inspector by virtue of subsection (2)
must be confirmed by a magistrate or a judge of the High Court
having jurisdiction in the area where the acts were performed,
on the application of the inspector brought within 10 court days
of the day on which those acts were performed;
[Para. (a) substituted by s. 2 (a) of Act 25 of 2001.]
(b)
(4A)
no answer given or statement made by any person to an
inspector exercising his or her powers in terms of paragraph (f)
(i) of subsection (1) or given or made to any inspector
exercising like powers by virtue of subsection (2), will, if selfincriminating, be admissible as evidence against that person in
criminal proceedings instituted in any court against him or her,
except in criminal proceedings where that person is tried for an
offence contemplated in section 18 (d) (ii), and then only to the
extent that such answer or statement is relevant to prove the
offence charged.
If the magistrate or judge contemplated in subsection (4) (a) does not
confirm the acts performed by the inspector, the inspector must return
any goods seized forthwith and make good any damage caused.
[Sub-s. (4A) inserted by s. 2 (b) of Act 25 of 2001.]
(5)
6.
The provisions of section 6 (4) regarding the manner in which a
search must be conducted, and section 6 (5) (b), (6), (7), (8) and (9),
will apply mutatis mutandis to an inspector acting by virtue of
subsection (2) of this section.
Provisions relating to issue and execution of warrant
(1)
The warrant contemplated in section 4 (2) read with section 5 (1) will
be issued in chambers by any judge of the High Court or by a