ACTS / CRIMINAL AND PROCEDURAL LAW / CRIMINAL LAW AND PROCEDURE / CRIMINAL PROCEDURE ACT 51 OF 1977 / CHAPTER 2 SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 19 Saving as to certai

ACTS / CRIMINAL AND PROCEDURAL LAW / CRIMINAL LAW AND PROCEDURE / CRIMINAL PROCEDURE ACT 51 OF 1977 / CHAPTER 2 SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 19 Saving as to certain powers conferred by other laws

19 Saving as to certain powers conferred by other laws
The provisions of this Chapter shall not derogate from any power conferred by any other law to enter any premises or to search any person, container or premises or to seize any matter, to declare any matter forfeited or to dispose of any matter.

ACTS I CRIMINAL AND PROCEDURAL LAW / CRIMINAL LAW AND PROCEDURE /
CRIMINAL PROCEDURE ACT 51 OF 1977/CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 20 State may seize certain
articles

20 State may seize certain articles
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The State may, in accordance with the provisions of this Chapter, seize anything (in this Chapter referred to as an article)-

(a) which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within the Republic or elsewhere;
(b) which may afford evidence of the commission or suspected commission of an offence, whether within the Republic or elsewhere; or
(c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.

ACTS / CRIMINAL AND PROCEDURAL LAW / CRIMINAL LAW AND PROCEDURI CRIMINAL PROCEDURE ACT 51 OF 1977/ CHAPTER 2 SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 21 Article to be seized under search warrant

21 Article to be seized under search warrant
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(1) Subject to the provisions of sections 22, 24 and 25, an article referred to in section 20 shall be seized only by virtue of a search warrant issued-

(a) by a magistrate or justice, if it appears to such magistrate or justice from information on oath that
there are reasonable grounds for believing that any such article is in the possession or under the
control of or upon any person or upon or any premises within his area of jurisdiction or
(b) by a judge or judicial officer presiding at criminal proceedings, if it appears to such judge or judicial
officer that any such article in the possession or under the control of any person or upon or at any
premises is required in evidence at such proceedings.

(2) A search warrant issued under subsection (1) shall require a police official to seize the article in
question and shall to that end authorize such police official to search any person identified in the
warrant, or to enter and search any premises identified in the warrant and to search any person
found on or at such premises.

(3) (a) A search warrant shall be executed by day, unless the person issuing the warrant in writing
authorizes the execution thereof by night.
(b) A search warrant may be issued on any day and shall be of force until it is executed or
cancelled by the person who issued it or, if such person is not available, by' a person with like
authority.

(4) A police official executing a warrant under this section or section 25 shall, after such execution,
upon demand of any person whose rights in respect of any search or article seized under the
warrant have been affected. hand to him a copy of the warrant.

ACTS I CRIMINAL AND PROCEDURAL LAW / CRIMINAL LAW AND PROCEDURE /
CRIMINAL PROCEDURE ACT 51 OF 1977/ CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 22 Circumstances in
which article may be seized without search warrant

22 Circumstances in which article may be seized without search warrant
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A police official may without a search warrant search any person or container or premises for the purpose of seizing any article referred to in Section 20 -

(a) if the person concerned consents to the search for and the seizure of the article in question, or if
the person who may consent to the search of the container or premises consents to such search
and the seizure of the article in question; or

(b) if he on reasonable grounds believes-
(i) that a search warrant will be issued to him under paragraph (a) of section 21 (1) if he applies for
such warrant; and
(ii) that the delay in obtaining such warrant would defeat the object of the search.

ACTS I CRIMINAL AND PROCEDURAL LAW I CRIMINAL LAW AND PROCEDURE I
CRIMINAL PROCEDURE ACT 51 OF 1977/CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 23 Search of arrested
person and seizure of article

23 Search of arrested person and seizure of article
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(1) On the arrest of any person. the person making the arrest may-

(a) if he is a peace officer, search the person arrested and seize any article referred to in section 20
which is found in the possession of or in the custody or under the control of the person arrested,
and where such peace officer is not a police official, he shall forthwith deliver any such article to a
police official; or
(b) if he is not a peace officer, seize any article referred to in section 20 which is in the possession of
or in the custody or under the control of the person arrested and shall forthwith deliver any such
article to a police official.

(2) On the arrest of any person, the person making the arrest may' place in safe custody any object
found on the person arrested and which may be used to cause bodily harm to himself or others.

[Sub-s. (2) added by s.1 of Act 33 of 1986.]

ACTS I CRIMINAL AND PROCEDURAL LAW I CRIMINAL LAW AND PROCEDURE
CRIMINAL PROCEDURE ACT 51 OF 1977/CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) I 24 Search of premises

24 Search of premises
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Any person who is lawfully in charge or occupation of any premises and who reasonably suspects that stolen stock or produce, as defined in any law relating to the theft of stock or produce, is on or in the premises concerned, or that any article has been placed thereon or therein or is in the custody or possession of any person upon or in such premises in contravention of any law relating to intoxicating liquor, dependence-producing drugs, arms and ammunition or explosives, may at any time. if a police official is not readily available, enter such premises for the purpose of searching such premises and any person thereon or therein, and if any such stock, produce or article is found, he shall take possession thereof and forthwith deliver it to a police official.

[S. 24 substituted by s.12 of Act 59 of 1983.]

ACTS I CRIMINAL AND PROCEDURAL LAW I CRIMINAL LAW AND PROCEDURE I
CRIMINAL PROCEDURE ACT 51 OF 1977/CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 25 Power of police to enter
premises in connection with State security or any offence

25 Power of police to enter premises in connection with State security or any offence
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(1) If it appears to a magistrate or justice from information on oath that there are reasonable
a for believing-

(a) that the internal security of the Republic or the maintenance of law and order is likely to be
endangered by or in consequence of any meeting which is being held or is to be held in or upon
any premises within his area of jurisdiction; or

(b) that an offence has been or is being or is likely to be committed or that preparations or
arrangements for the commission of any offence are being or are likely to be made in or upon any
premises within his area of jurisdiction,

he may issue a warrant authorizing a police official to enter the premises in question at any reasonable time for the purpose-

(i) of carrying out such investigations and of taking such steps as such police official may consider
necessary for the preservation of the internal Security of the Republic or for the maintenance of law
and order or for the prevention of any offence;

(ii) of searching the premises or any person in or upon the premises for any article referred to in
section 20 which such police official on reasonable grounds suspects to be in or upon or at the
premises or upon such person; and

(iii) of seizing any such article.

(2) A warrant under subsection (1) may' be issued on any day and shall be of force until it is executed
or is cancelled by the person who issued it or, if such person is not available, by a person with like
authority'.

(3) A police official may without warrant act under subparagraphs (i)~ (ii) and (iii) of 5uhsection (1) if
he on reasonable grounds believes-

(a) that a warrant will be issued to him under paragraph (a) or (A) of subsection (1) if he applies for
such warrant; and
(b) that the delay in obtaining such warrant would defeat the object thereof.

ACTS I CRIMINAL AND PROCEDURAL LAW I CRIMINAL LAW AND PROCEDURE I
CRIMINAL PROCEDURE ACT 51 OF 1977/CHAPTER 2 SEARCH WARRANTS,
ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF
PROPERTY CONNECTED WITH OFFENCES (ss19-36) / 26 Entering of premises
for purposes of obtaining evidence

26 Entering of premises for purposes of obtaining evidence
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Where a police official in the investigation of an offence or alleged offence reasonably suspects that a person who may furnish information with reference to any such offence is on any premises, such police official may without warrant enter such premises for the purpose of interrogating such person and obtaining a statement from him: Provided that such police official shall not enter any' private dwelling without the consent of the occupier thereof.