1~
so. 18324
Act SO. 37.1997
GOVERNMENT GAZE1’TE, 1 OCTOBER 1997
COUNTERFEIT GOODS ACT, 1997
~ if he or she reasonably suspects that a person at, on or in such place, premises
or vehicle may furnish any information with reference to any act of dealing in
counterfeit goods—
(i) question that person and take down a statement from him or her;
(ii) demand and procure from that person any book, document, article, item
or object which in any way may be relevant to the nature, quantity,
location, source or destination of the goods in question, or the identity
and address of anyone involved or ostensibly involved as a supplier,
manufacturer, producer, maker, distributor, wholesaler, remiler, importer,
exporter or forwarding agent of, or other dealer in, the goods in question.
(2) Subject to subsection (3), an inspector may, during the day, without a warrant enter
upon or enter any place, premises or vehicle after having identified himself or herself,
ancL in accordance with paragraphs (a) to ~ of subsection (1), exercise the powers of
seizure, removal, detention, collecting evidence and search contemplated in section
4(1 )(a), (b) and (c) (except the power to search any person), as well as the power to take
the steps contemplated in section 4(l)(d), if—
(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) No~ithstanding the provisions of subsections (1) and (2)—
(a) any steps taken by an inspector in accordance with paragraph (a), (b), (c) or
(d) of subsection (1), or like steps taken by him or her by virtue of subsection
(2). will cease to have any legal effect whatsoever unless the court confirms
such steps, either finally or pendente lite, on the application of the inspector or
the relevant complainant (where applicable) brought within 10 court days of
the day on which those steps had been taken;
(b) no answer given or statement made by any person to an inspector exercising
his or her powers in terms of paragraph (j)(i) of subsection (1) or given or
made to any inspector exercising like powers by virtue of subsection (2), will,
if se~-incriminating, 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.
(5) 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.
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Pro\tilons relating to issue and execution of warrant
6. (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 magistrate who has jurisdiction in
the area where the relevant suspected act of dealing in counterfeit goods is alIeged to 50
have taken or to be taking place or is likely to take place, and will be issued only if it
appears to the judge or magistrate from information on oath or atlirmation that there are
reasonable .gounds for believing that an act of dealing in counterfeit goods has taken or
is taking place or is likely to take place, and the inspector seeking the warrant