PLANT VARIETY PROTECTION No. 82
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removal, transport, exhibition or sale thereof, and
of any plant, propagating material, substance or
other article seized in terms of paragraph (d), and
examine, analyze or classify such samples.
present, and hand to such person a copy of the
warrant, or, if such person is not present, affix
such copy to a prominent place on the place,
premises or vehicle;
(2) Any sample taken in terms of subsection (1)(e) or (6)-
(b) supply such person at his or her request with particulars regarding his or her authority to execute
such a warrant.
(a) shall consist of the quantity or mass determined
by the registrar, taken in accordance with the
methods determined by him or her;
(b) shall be taken in the presence of the 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 of any 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 thereof permits; and
(d) shall with all convenient speed be tested, examined or analyzed in accordance with the methods
which the registrar may determine or which may
be prescribed, and the result of such test, examination or analysis shall be entered on the form
determined by the registrar.
(3) A warrant referred to in subsection (1) shall be issued
by a judge of the Supreme Court 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 grounds for believing that an article mentioned in
subsection (1)(a) and (b) is upon or in such place, premises or vehicle, and shall specify which of the acts mentioned in subsection (1) may be performed thereunder by
the person to whom it is issued.
(4) A warrant issued in terms of this 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 of any
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
of his or her dignity;
(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 for, seize,
take samples of and remove any article referred to in
subsection (1) if the person who is competent to do so
consents to such entry, search, seizure, taking of samples
and removal.
(2) (a) The registrar, officer or person who may on the
authority of a warrant issued in terms of subsection (3) enter and search any place, premises or
vehicle, may use such force as may be reasonably
necessary to overcome resistance to such entry or
search.
(b) No person may enter upon and search any place,
premises or vehicle unless he or she has audibly
demanded admission to the place, premises or
vehicle and has notified the purpose of his or her
entry, unless such person is upon reasonable
grounds of the opinion that any article may be destroyed if such admission is first demanded and
such purpose is first notified.
(8) If, during the execution of a warrant or the conducting of a search in terms of this section, a person claims
that an article found on or in the place, premises or vehicle in question contains privileged information and refuses the inspection or removal of such article, the person
executing the warrant or conducting the search shall, if he
or she is of the opinion that the article contains information which is relevant to the investigation and that such
information is necessary for the investigation or hearing,
request the registrar of the Supreme Court which has
jurisdiction, or his or her delegate, to seize and remove
that article for safe custody until a court of law has made
a ruling on the question whether or not the information in
question is privileged.
(9) A warrant issued in terms of this section may be issued on any day and shall be of force until(a) it is executed; or
(b) the right of a person to freedom and security; and
(c) the right of a person to his or her personal privacy.
(5) The registrar, officer or person executing a warrant in
terms of this section shall immediately before commencing with the execution(a) identify himself or herself to the person in control
of the place, premises or vehicle, if such person is
Act - page 11
(b) it is canceled by the person who issued it or, if
such person is not available, by any person with
similar authority; or
(c) the expiry of one month from the day of its issue;
or
(d) the purpose for which the warrant was issued, no
longer exists, whichever may occur first.
SOUTH AFRICA