Search and seizure

(1) Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes to the entry of premises, search for and seizure of any firearm, imitation firearm, airgun, device or ammunition referred to in this Act.

Uncommenced amendment

(1) Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes to the entry of premises, search for and seizure of any firearm, muzzle loading firearm, imitation firearm, airgun, device or ammunition referred to in this Act.

[S 110(1) substituted by s 33 of Act 28 of 2006 with effect from date to be proclaimed.]

(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), as contemplated in subsection (1), section 20 of the said Act must be construed as if the following paragraph had been added to it— “(d) which is a firearm or ammunition as defined in section 1 of the Firearms Control Act, 2000, and is on reasonable grounds believed to be in the possession or under the control of a person, who by reason of any physical or mental condition, is incapable of having proper control of any firearm or ammunition or who by such reason presents a danger of harm to himself or herself or to any other person.”.

Uncommenced amendment

(2) In the application of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), as contemplated in subsection (1), section 20 of the said Act must be construed as if the following paragraph had been added to it— “(d) which is a firearm, muzzle loading firearm or ammunition as defined in section 1 of the Firearms Control Act, 2000, and is on reasonable grounds believed to be in the possession or under the control of a person, who by reason of any physical or mental condition, is incapable of having proper control of any firearm, muzzle loading firearm or ammunition or who by such reason presents a danger of harm to himself or herself or to any other person.”.

[S 110(2) substituted by s 33 of Act 28 of 2006 with effect from date to be proclaimed.]

(3) Despite sections 30 and 31 of the Criminal Procedure Act, 1977 (Act 51 of 1977), any article referred to in subsection (1) which is lawfully seized by the State, may be dealt with or disposed of in accordance with the provisions of this Act.

(4) This Chapter does not derogate from any power conferred by any other law to enter any premises or search any person, container or premises or to arrest any person or to seize any matter, to declare any matter forfeited or to dispose of any matter.

[S 110 commencement: 1 July 2004.]

Service Act, 1995

(1) Despite anything to the contrary in this Chapter, any police official or person authorised as such by the National Commissioner or any provincial commissioner of the South African Police Service, may, in the course of official policing operations contemplated in section 13(6), (7) or (8) of the South African Police Service Act, 1995 (Act 68 of 1995), search any premises, vehicle, vessel or aircraft and seize any firearm, imitation firearm, airgun, device or ammunition—

Uncommenced amendment

(1) Despite anything to the contrary in this Chapter, any police official or person authorised as such by the National Commissioner or any provincial commissioner of the South African Police Service, may, in the course of official policing operations contemplated in section 13(6), (7) or

(8) of the South African Police Service Act, 1995 (Act No. 68 of 1995), search any person, premises, container, vehicle, vessel or aircraft and seize any firearm, or muzzle loading firearm, imitation firearm, airgun, device or ammunition— [S 111(1), words preceding (a), substituted by s 34 of Act 28 of 2006 with effect from date to be proclaimed.]

(a) which is reasonably suspected to be held in contravention of this Act; or

(b) for the purposes of determining whether or not the provisions of this Act have been complied with in respect of such article.

(2) Section 13 of the South African Police Service Act, 1995 (Act 68 of 1995), applies with the necessary changes to any search or seizure contemplated in subsection (1).

[S 111 commencement: 1 July 2004.]

Any police official or other person authorised as such in writing by the Registrar may exercise the powers of a police official set out in section 37 of the Criminal Procedure Act, 1977 (Act 51 of 1977), in respect of—

(a) any occupant of a vehicle, vessel or aircraft or premises in which any article referred to in section 110(1) is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened by that occupant; and

(b) the owner or person in control of any vehicle, vessel or aircraft or premises in which any article referred to in section 110(1) is present and in respect of which there is a reasonable suspicion that any of the provisions of this Act may have been contravened.

[S 112 commencement: 1 July 2004.]

(1) …

[S 113(1) repealed by s 8 of Act 37 of 2013.]

(2) …

[S 113(2) repealed by s 8 of Act 37 of 2013.]

(3) …

[S 113(3) repealed by s 8 of Act 37 of 2013.]

(4) A police official may do such tests, or cause such tests to be done, as may be necessary to determine whether a person suspected of having handled or discharged a firearm has indeed handled or discharged a firearm.

Uncommenced amendment

(4) A police official may do such tests, or cause such tests to be done, as may be necessary to determine whether a person suspected of having handled or discharged a firearm or muzzle loading firearm has indeed handled or discharged a firearm or muzzle loading firearm.

[S 113(4) substituted by s 35 of Act 28 of 2006 with effect from date to be proclaimed.]

(5) …

[S 113(5) repealed by s 8 of Act 37 of 2013.]

[S 113 substituted by s 8 of Act 6 of 2010.]

(1) Any police official may seize, test-fire and examine such number of firearms as are necessary or such ammunition as is necessary, if—

(a) there are reasonable grounds to suspect that one or more of the firearms or the ammunition has been used in the commission of an offence which is punishable in terms of this Act with imprisonment for a period of five years or longer; and

(b) there are reasonable grounds to believe that one or more of the firearms or the ammunition or the results of the test-firing and examination, will be of value in the investigation by excluding or including—

(i) one or more of those firearms or the ammunition as having been used in the commission of the offence; or

(ii) one or more persons as possible perpetrators of the offence.

(2) The person who has control over a firearm or ammunition seized in terms of this section must immediately return it or otherwise dispose of it in terms of this Act when it is clear that it will not be of value as evidence.

[S 114 commencement: 1 July 2004.]

Uncommenced amendment

(1) For purposes of any inquiry or investigation relating to the application of this Act and subject to subsection (4), the Registrar or any person authorised in writing by the Registrar may—

(a) at any reasonable time and without prior notice, enter any business or industrial premises; or

(b) at any reasonable time and with reasonable notice, enter any dwelling, on or in which anything relating to the subject-matter of the inquiry or investigation is or is suspected to be.

[S 115(1) substituted by s 13(a) of Act 43 of 2003.]

(2) The Registrar or person authorised may—

(a) inspect and search any premises or dwelling contemplated in subsection (1) and make such enquiries as may be necessary for purposes of the inquiry or investigation;

(b) examine anything found on the premises or dwelling which may have a bearing on the subject—matter of the inquiry or investigation;

(c) request information or an explanation regarding such object from the owner or person in control of those premises or from any person in whose possession or under whose control anything referred to in paragraph (b) is found;

(d) make copies of or extracts from any book or document found on or in the premises or dwelling which may have a bearing on the subject-matter of the inquiry or investigation and request an explanation of such book, document or any entry therein from any person suspected of having knowledge thereof; and

(e) against the issue of a written receipt, seize anything on or in the premises or dwelling which may have a bearing on the subject-matter of the inquiry or investigation.

(3) Any entry upon, inspection of or search of any premises or dwelling, or questioning of any person, in terms of this section must be carried out with strict regard to decency and order.

(4) Any power contemplated in subsection (1) may be exercised only—

(a) in terms of a warrant issued by a judge or magistrate; or

(b) without warrant by a police official contemplated in paragraph (a) of the definition of “police official” in section 1 if—

[S 115(4)(b), words preceding (i), substituted by s 13(b) of Act 43 of 2003.]

(i) there are reasonable grounds to believe that a warrant would be issued and the delay in obtaining the warrant would defeat the object for which the power is exercised; or

(ii) the person who is competent to do so consents to the exercise of the power.

(5)

(a) A warrant may only be issued if it appears from evidence under oath or on affirmation that there are reasonable grounds to suspect that anything referred to in subsection (2) is or may be on the premises or in the dwelling in question.

(b) The evidence must contain information regarding the—

(i) nature of the inquiry or investigation to be conducted;

(ii) reason for or suspicion which gave rise to the inquiry or investigation;

(iii) need for search and seizure in terms of this section; and

(iv) premises on which the warrant is to be executed.

(6) Subject to subsection (7), sections 21(3) and 27 of the Criminal Procedure Act, 1977 (Act 51 of 1977), apply, with the necessary changes, to the execution of a warrant or to a search in terms of this section.

(7) A warrant contemplated in this section remains in force until—

(a) it is executed;

(b) it is cancelled; or

(c) the expiry of three months from the date of its issue, whichever may occur first.

[S 115 commencement: 1 July 2003.]

If, in the course of a lawful search for anything other than articles referred to in section 110(1), the person executing the search finds an article referred to in section 110(1), in respect of which a reasonable suspicion of illegality or illegal possession exists, such person may seize such article, and must then deal with it or dispose of it in terms of this Act.

[S 116 commencement: 1 July 2004.]