—(1) An employment inspector shall, for the purposes of this Act, have power to do all or any of the following things:
to enter and search, by day or by night, any premises or every part thereof when he has reasonable cause to believe that any person is employed therein;
to require any person who the employment inspector has reason to believe has any document, including documents of identity and travel documents, or information relevant to the carrying out of the provisions of this Act, to produce any such document or give such information;
to retain any document relevant to the carrying out of the provisions of this Act;
to examine orally any person supposed to be acquainted with the facts and circumstances of the employment of any person, and to reduce into writing the answer given or statement made by that person; and such person shall be bound to state truly the facts and circumstances with which he is acquainted concerning the employment; and the statement made by that person shall be read over to him and shall, after correction, be signed by him;
to require by order in writing the attendance before him of any person who from information given or otherwise, appears to be acquainted with the facts and circumstances of the employment of any person, and that person shall so attend as required and if such person fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by such order;
to take such photographs as he thinks necessary of the premises and persons within; and
to take in custody any article which is required for the purpose of an investigation under this Act.
(2) When an employment inspector has reasonable cause to believe that any foreign worker is employed in any premises, the occupier of the premises and his agents and any contractor, employee or person found in the premises shall furnish the means required by the employment inspector as necessary for an entry, search, examination and investigation, and the taking of photographs or the taking of articles into custody or otherwise for the exercise of his powers under this Act.
(3) An employment inspector may, after concluding his investigation, hand over to an immigration officer any travel document which he has taken into custody or has been produced to him.
(4) If any person intentionally offers any resistance to or wilfully delays an employment inspector in the exercise of any power under this section, or fails to comply with the requisition of an employment inspector in pursuance of this section or to produce any document which he is required by or in pursuance of this section to produce, or wilfully withholds any information as to who is the occupier of the premises or who is his employer, or conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an employment inspector, that person shall be deemed to obstruct an employment inspector in the execution of his duties under this Act.
(5) Every employment inspector shall have authority to appear in court and conduct any prosecution in respect of any offence under this Act or any regulations made thereunder.
History for Provision '16 Powers of employment inspector'.
11 June 2007
Act 30 of 2007
25 June 2010
Act 15 of 2010