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Contents  

Enacting Formula

Part 1 PRELIMINARY

Part 2 OCPO AND FRO

Part 3 CONFISCATION OF BENEFITS

Part 4 GENERAL PROVISIONS

THE SCHEDULE Search warrant under Section 34 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A) as applied by Section 72 of the Organised Crime Act 2015 (Act 26 of 2015)#

 
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On 28/05/2016, you requested the version in force on 28/05/2016 incorporating all amendments published on or before 28/05/2016. The closest version currently available is that of 01/06/2016.
Discovery and inspection of documents
26.
—(1)  Subject to the provisions of this rule, Order» 24 of the Rules of Court (R 5) (other than «Order» 24, Rule 18 of the Rules of Court) apply to any application —
(a)
under section 15(1), 21(1), 28(1) to (4), 32(1), 33(1) or 73(1); or
(b)
in relation to any proceedings under Part 9 of the «Act».
(2)  Subject to the provisions of this rule, in any application mentioned in paragraph (1), the «Public» Prosecutor or a law enforcement officer (as defined in section 2(1)) may be required by the Court to give discovery of documents or produce documents for inspection.
(3)  An «order» of the Court under «Order» 24 of the Rules of Court is to be construed as not requiring the disclosure of any document the withholding of which is authorised or required under any written law or rule of law on the ground that its disclosure would be injurious to the «public» interest.
(4)  Where an «order» of the Court made under «Order» 24 of the Rules of Court directs that a list of documents made in answer to an «order» for discovery against the «Public» Prosecutor or a law enforcement officer be verified by affidavit, the affidavit must be made by such person as the «Public» Prosecutor may authorise.
(5)  The «Public» Prosecutor or a law enforcement officer may be ordered to give discovery of or produce for inspection under «Order» 24 of the Rules of Court documents —
(a)
which are in the «Public» Prosecutor’s or law enforcement officer’s possession or custody as a result of the performance or exercise by the «Public» Prosecutor or law enforcement officer of the duties or powers of the «Public» Prosecutor or law enforcement officer, as the case may be; and
(b)
which the «Public Prosecutor or law enforcement officer intends to rely on in the application.
(6)  In this rule, “document” means a document in any medium and includes a document containing information in digital or electronic form.
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