Section 46: Search and Seizure Order

46. Search and Seizure Order (1) A Judge may, on the application of the Enforcement Authority, make a Search and Seizure Order which authorises a law enforcement agent to— (a) search for, examine or seize any property or other material referred to in subsection (2); and (b) for the purposes of paragraph (a), enter any premises in which he has reasonable ground to believe the property or material may be found. (2) (a) Property to which subsection (1) applies is any property which— (i) — (ii) is the subject of an Investigation; or (iii) is reasonably believed by the Enforcement Authority to be proceeds, an instrumentality or terrorist property. (b) Material to which subsection (1) applies is any material which— (i) is likely to be of substantial value or benefit to an Investigation; (ii) is not likely to be obtained by means of a Production Order because— (A) it is not practicable to communicate with any person against whom the Production Order would be made; (B) it is not practicable to communicate with any person who would be required to comply with an Order to grant entry to the premises; or (C) an Investigation might be seriously prejudiced unless the Enforcement Authority is able to secure immediate access to the material; or (iii) has not been obtained or made available by any person against whom a Production Order was made. (3) Where, during the course of searching under an Order granted under this section, a law enforcement agent finds anything that he believes on reasonable ground— (a) will afford evidence as to the commission of an offence; or A23A – 29 [Issue 5] Asset Recovery Act (b) is of a kind that could have been included in the Order, had its existence been known at the time of the application, he may seize it. (4) An Order under this section shall authorise a law enforcement agent to require any information held in a computer and accessible from premises specified in the application which he reasonably believes relates to any matter relevant to an Investigation to be produced in a form in which— (a) it is visible and legible; and (b) it can be copied or taken away. (5) An Order under this section shall not authorise the seizure of privileged material. (6) Any material seized pursuant to an Order under this section may be retained for so long as may be necessary in connection with an Investigation or any other purpose specified in the Order. (7) An Order under this section shall remain in force for 30 days unless the Judge otherwise orders on the application of the Enforcement Authority. [S. 46 amended by s. 19 of Act 24 of 2012 w.e.f. 10 November 2012.]