Act No. 13, 2003
MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003
(d)
take as many samples of a medicine or a scheduled substance referred to in
paragraph (b) or (c), or any other thing, which is subject to this Act and of
which a person can take a sample, as he or she may consider necessary for
the purpose of examination or analysis in terms of this Act.
(2)
A sample taken in terms of subsection (1)(d) must
(a)
be taken in accordance with the prescribed methods and in the presence of
the person who is in charge of the medicine or the scheduled substance
referred to in subsection (1)(b) or (c), or if there is no such person or if he or
she is absent for any reason, in the presence of any other witness;
(b)
immediately be packed and sealed and suitably labeled or marked in such
manner as its nature may permit; and
(c)
be transmitted to an analyst together with a certificate in the prescribed
form signed by the inspector who took the sample.
(3) A copy of the certificate referred to in subsection (2)(c) must be handed or
transmitted by registered post to the owner or seller of the medicine or the scheduled
substance, or other thing, referred to in subsection (1)(d), from which the sample was
taken in terms of subsection (1)(d) or to the agent of that owner or seller.
(4) The analyst to whom a sample has been transmitted in terms of subsection
(2)(c) must with all convenient speed examine or analyse the sample delivered to him or
her, and state the result of the examination or analysis in a certificate in the prescribed
form.
(5) The owner of the medicine or the scheduled substance, or other thing, from
which the sample was taken under subsection (1)(d), may claim from the Permanent
Secretary an amount equal to the cost of the sample, unless it is proven that the medicine
or the scheduled substance does not comply with the provisions of this Act.
(6) Notwithstanding subsection (1), an inspector performing his or her functions
under this section may not search the person or the home of an individual, unless the
search has been authorised by a warrant issued by a judge, or a magistrate of the district
in which the person or the home is situated, on oath by the inspector concerned that
(a)
there are reasonable grounds to suspect that
(i)
that person or persons in that home are contravening this Act or the
conditions in a certificate of registration; or
(ii)
a medicine or a scheduled substance, a book, record, document or
any other thing, which may afford evidence of a contravention of this
Act, is in that home; and
(b)
the search is necessary for a purpose referred to in Article 13(1) of the
Namibian Constitution, but nothing in this subsection prohibits a search
without a warrant under Article 13(2)(b) of the Namibian Constitution.
(7)
The search of the person or the home of an individual by an inspector
(a)
may not be excessively intrusive, having regard to the contravention
suspected; and
(b)
must comply with section 21(3)(a) and (4) and section 29 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977).