Commissions Act, 1947 (Act No. 8 of 1947)RegulationsRegulations of the Judicial Commission of Inquiry to inquire into allegations regarding efforts or attempts having been made to stop the investigation or prosecution of Truth and Reconciliation Commission cases10. Search and seizure |
| (1) | The Chairperson or any officer may, with a warrant, for the purposes of the inquiry, at all reasonable times and without prior notice or with such notice as he or she may deem appropriate, enter and inspect any premises and demand and seize any document or article which is on such premises. |
| (2) | Any entry upon or search of any premises or person thereon in terms of this regulation, shall be conducted with strict regard to decency and order including the right of a person to— |
| (a) | respect for and the protection of his or her dignity; |
| (b) | freedom and security; and |
| (c) | his or her personal privacy. |
| (3) | Subject to subregulation (4), the premises referred to in subregulation (1) may be entered only by virtue of a warrant issued in chambers by a judge of the area of jurisdiction within which the premises are situated. |
| (4) | A warrant referred to in subregulation (1) may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified. |
| (5) | A warrant referred to in subregulation (1) may be issued only if it appears to the judge from information revealed under oath or affirmation, stating the need, in regard to the inquiry, for a search and seizure in terms of this regulation that there are reasonable grounds to believe that any document or article referred to in subregulation (1) is on or at such premises or suspected to be on or at such premises. |
| (6) | For the purposes of conducting an investigation, the Chairperson may direct any person to submit an affidavit or affirmed declaration or to appear before the Commission to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person. |