Investigation of Serious Economic Offences Amendment Act

1. The following section is hereby substituted for section 6 of the Investigation of Serious Economic Offences Act, 1991- 5 "Entering upon premises by Director 6. (1) The Director or any person authorised thereto by him or her in writing may, subject to this section, forthe purposes of an inquiry at any reasonable time and without prior notice or with such notice as he or she may deem appropri~te, enter any premises on or in which 10 anything connected with that inquiry is or is suspected to be, and may- (a) inspect and search those premises, and there make such enquiries as he or she may deem necessary; . . . (b) examine any object found on or in the premises which has a 15 bearing or might have a bearing on the inquiry in question, and request from the owner or person in charge of the premises or from any person in whose possession or charge that object is, information regarding that object; · (c) make copies of or take extracts from any book or document found 20 on or in the premises which has a bearing or might have a bearing on the inquiry inquestion, and request from any person [whom he suspects] suspected of having the necessary information, an . ·explanation of any entry therein; (d) seize, against the issue of a receipt, anything on orin the premises 25 which [in his opinion] has a bearing or might have a bearing on the inquiry in question, or if he or she wishes to retain it for further examination or for safe custody. 4 No. 16691 Act No. 46, 1995 GOVERNMENT GAZETIE, 20 SEPTEMBER 1995 INVESTIGATION OF SERIOUS ECONOMIC OFFENCES AMENDMENT ACT, 1995 · ·

2 An entr u on or search of an remises in terins of this section shall be conducted with strict regan:l to decency and order, including- . · (a) a person's right to, respect for and the protection of his or her dignity; (b) the right of a person to freedom and security; and the right of a person to his or her personal privacy. (c) . . (3) No evidence regarding any questions and · answers contemplated in subsection (1) shall be admissible in any subsequent criminal proceedings against a person from whom information in terms of that subsection is acquired if the answers incriminate him or her, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (12). 5 10 (4) Subject to subsection (10), th~ premises r~ferred to in subsection (1) may only be entered, and the acts referred to in subsection (1) may only be performed, by virtue of a warrant issued in chambers by a magistrate, regional magistrate or judge of the area of jurisdiction within which the premises is situated: Provided that such a warrant may be issued by a judge in respect of premises situated in 15 another area of jurisdiction, if he or she deems it justified. (5) A warrant contemplated in subsection ( 4) may only be issued if it appears to the magistrate, regional magistrate or judge from information on oath or affirmation, stating-.- . the nature ~f the inquiry in terms of section 5; .: ; .. ;· (a) (b) the suspicion which gave rise to the inquiry; and . : .• ·. · (c) , . the need, in regard to the inquiry, for a search and seizure in terms of this section, .• , . _ 20 that there are reasonable grounds for believing that anything referred to in subsection (1) is on or in such premises _or suspected to be on or in such premises. 25 (6) A warrant issued_ in terms ~f this section may be issued on any day and shall be of force until- , ' · · · · it has been executed; (a) (b) it is cancelled by the person who issued it or, if such person is not 30 (c) available, by any person with like authority; or the expiry of three months from the day of its issue, . . . · . . ·. . . whichever may occur first. _ · ··. · . (7) · (a) Any person who acts on authority of a warr:a~t iss~ed i~ terirts of this section may use such force as may be reasonably necessary to overcome any resistance against the entry and sear.ch 9f the premises, i_nclu~i_Ilg the br~aking of 35 any door or window of such premises: Provided that such person shall first audibly demand admission to the premis~s and state the purpose for which he or she seeks ' , ' . . . , ·. to enter such prerpises. ~ (b) The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any obje~t , book ocdocument which is 40 the subject of the search may be 'destroyed, tampered with. or disposed of if the provisions of the said proviso are first compli~dwith~ · · _. . . . . . -' (8) A warrant issued in terms of this section shall be executed by day unless the person who issues the .warrant authorises the execution thereof by night at times which shall be -reasonable· in the circumstances. .- . . . . : ' . - ' :.. .. , .. , - .· .· ; ' 45 . ·· .·. .. . · ' (9) _Any· person executing a warrant, in teniis of. this sectio·n shall immediately before commencingwith the execution~ .. , ·, ... .. . ·,· . , ·. -· (a) . ide~tify himself or he'iself to the perso.n ~ii control ofthe premises, if such . · · · person is 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 50 ·: _ · · premises; :. : · , . . : · . . . ·.. . , · .. . . . · , •. . . . i '· ·. - (b) supply such person at.his or her request with particulars regarding his or .. ;,. ' ' her authority io execute such a warrant.', . . '... , ' (10) (a) The .Director orany person referred to in secti()ri 3(4)(a) may without a warrant en~er ~pori a ny premises and.perf?fni tli~ ~~ts referred t~ in subsection 55 (1)::-;-;- .. ' . . : ·' ,· ·.-.· (I) 1f the person who IS competent to do so consents to such entry, search, .... . . ' , seizure and 'removal; or > . if he 0~ s~e upon r~asonable gr~_unds ~eli~ves t~at~ . . . . . . '(ii) . : . .-; : . , . • : . . : . • , . ; : . i ' ' ' . 6 No. 16691 Act No. 46, 1995 GOVERNMENT GAZETI'E, 20 SEPTEMBER 1995 INVESTIGATION OF SERIOUS ECONOMIC OFFENCES AMENDMENT ACT, 1995 . . · . ( aa) . ·the required warrant will be issued to him· or her in terms of · (bb) , subsection (4) if he or she were to apply for such warrant; and the delay caused by the obtaining of any such warrant would defeat the object of the entry, search, seizure and removal. (b) Any entry and search in terms of paragraph (a) shall be executed by day, 5 unless the execution thereof by night is justifiable and necessary. (11) If during the execution of a warrant or the conducting of a search in terms · of · this section, a person. claims that anything. found on or in the premises · concerned contains privileged information and refuses the inspection or removal · of such thing, the person executing the warrant or conducting the search shall, if 10 . he or she is of the opinion that the thing contains information which is relevant to the inquiry and that such information is necessary for the inquiry, requestthe : registrar of the Supreme Court which has jurisdiction or his or her delegate, to seize and remove that thing for safe custody until a court of law has made a ruling · on the question whether the information concerned is privileged or not. 15 [(2)]@ Any person who- (a) obstructs or hinders the Director or any other person in the performance of his or her functions [under subsection (1)] in terms of this section; (b) when he or she is asked in terms of subsection (1) for information or an explanation relating to a matter within his or her knowledge, refuses or 20 fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or , , misleading, . shall be guilty of an offence.". Amendment of section 11 of Act 117 of 1991 25

2. The following section is hereby substituted for section 11 of the Investigation · of Serious Economic Offences Act, 1991: "Penalties

11. Any person convicted of an offence referred to in section 5(10}, 6[(2)]@ or 7(2) shall be liable to a fine [not exceeding RS 000] or 30 imprisonment for a period not exceeding [two] five years or both such fine and such imprisonment.". Short title ' 3. This Act shall be called the Investigation of Serious Economic Offences Amendment Act, 1995. · · 35