security searching procedures south africa
There are now constitutionalised standards by which such legal powers are measured. However, that same evidence may be used by an employer and is admissible in the Commission for Conciliation, Mediation and Arbitration (CCMA) to prove that the dismissal of an employee for criminal activity in the workplace was fair. The security officers shall, with the consent of the employee/person, search all luggage/bags, etc. If there is no reasonable expectation of privacy then no search has occurred. The question that arises in this instance is whether or not an employer is entitled to take, implement and/or enforce those security measures it deems fit to protect and recover stolen company property. The Criminal Procedure Act has long provided the only legal basis for obtaining warrants to search and seize or for performing such actions without a warrant in some circumstances. The Minister must, after consultation with the Council, prescribe a code of conduct for. In the United States of America it is the function of a judicial officer to issue a search warrant. (a) Where a police official wishes to enter a private premises for the purpose of a search for and seizure of an article mentioned in section 20 he is generally required to have a search warrant. A private security vehicle in South Africa. Provision should also be made for "information on affirmation" in the light of the observation of fundamental human rights. Lawful Citizens' Arrest THE SOUTH AFRICAN CRIMINAL PROCEDURES ACT OF 1977, ACT 51, SECTION 42, says ... officer, detective, or national security officer. This is an infringement of section 12 of the Constitution, which guarantees everybody the right to freedom of person, which includes the right not to be deprived of his or her freedom 'arbitrarily' or without 'just cause'; to be free from all forms of violence, and not to be treated in a cruel, inhuman or degrading way. If you resist the search, you … Each of these instances describes the specific circumstances in which a search may be undertaken based solely on the subjective opinion of the police official conducting the search. A person's home, it is widely accepted, constitutes the highest expectation of privacy, which reflects the old adage that the home is a person's castle.4, The most important legislative provisions that prima facie infringe these rights are to be found in the Criminal Procedure Act.5 The right to enter premises, search those premises and remove goods therefrom is a significant invasion of the rights of an individual and must therefore be exercised within certain clearly defined limits so as to interfere as little as possible with the rights and liberties of the person concerned.6. This article is based on a Masters dissertation submitted by the author for the completion of the Master of Laws at the University of South Africa, Pretoria. Terry v Ohio56 indicated that seizure of a person occurs when an official uses physical force or makes a show of authority that in some way restrains a person's liberty so that he is not free to leave. It is the investigative and enforcement measures provided for by these provisions, rather than the objectives, which are in issue here. (b) seize any article referred to in section 20 of the Criminal Procedure Act, that is found in the possession of the person or in, on or attached to the receptacle or vehicle. There are insufficient reasons to depart from the principle that an independent and impartial person should be the final arbiter before such a drastic measure is taken. Ins and outs of complex security: Trustees and bodies corporate that employ in-house security guards are taking a risk, and could end up on the wrong side of the law. As a general rule, to which there are of course exceptions, evidence of criminal activity obtained against a person through means of entrapment, carries certain restrictions in our criminal courts. Comité paritaire de l'industrie v Potash 1994 168 NR (SCC). It provides that a warrant shall not be issued unless there is probable cause; the warrant must be supported by oath or affirmation and the place to be searched and the things to be searched must be particularly described. Section 13(8)(d) of the Police Service Act, provides that a police official may set up a roadblock for the purposes of seizing certain articles without written authorisation from the National or a Provincial Commissioner, if such a police official reasonably believes that: (a) there is an object which is concerned in, or may afford evidence of, or is intended to be used in the commission of an offence listed in Schedule 149 of the Criminal Procedure Act, and, (b) such an object is present in or is about to be transported in a motor vehicle in a particular area, and, (c) a search warrant will be issued to him or her under section 21(1)(a) of the Criminal Procedure Act if he or she has reason to believe that the object will be transported in a specific vehicle and he or she has applied for a search warrant, and. The company suspected that these claims were false, and in an effort to investigate the matter, had the employee followed whilst he was allegedly on sick leave, and took a video recording of this sales employee assisting one of his friends to move heavy items. The following aspects of the Criminal Procedure Act pertaining to search and seizure are questionable from a constitutional perspective and should be addressed by parliament. See also Ntoyakhe v Minister of Safety and Security 2000 (1) SA 257 (ECD). Citizens' Arrest In South Africa Any South African citizen may execute an arrest for ... and THE CRIMINAL LAW AMENDMENT ACT OF 2007, Section 3 and 4. 3 Constitution of the Republic of South Africa 1996. The sections at issue are s 29(5), 28(13) and 28(14) of the said Act. In these circumstances a roadblock may be set up by such a police official on any public road or roads in that area in order to determine if a vehicle is in fact carrying such an object. 65 Quigley Procedure 369. This will involve searching bodies, property (ie bags) vehicles or even buildings. Currently we are the only company that offers Independent Security Risk Assessment in the country. Lecturer, College of Law, University of South Africa. Seize illegal/forbidden items: While waiting for for your manager or supervisor to arrive, always … One may infer that for seizure of property on reasonable grounds to be justifiable there should exist an objective set of facts which causes the officer to have the required belief. Feb 2 • Security Guard • 27444 Views • No Comments on Security Guard Search Procedures. The aim of such a search is to exercise control over the illegal movement of people or goods across the borders of South Africa. the Director of Security. Since a search may also infringe upon the rights to dignity19 and to bodily security, including the right against cruel, inhuman or degrading treatment,20 it must be conducted consonant with those rights. In terms of section 13(8)(g)(i) a police official who sets up such a roadblock or checkpoint may: (a) search without a warrant any person or vehicle that is stopped or any receptacle or object of whatever nature that is in the possession or in, on or attached to such a vehicle, and. 42 S 22 Criminal Procedure Act. 2 Eg, the Special Investigating Units and Special Tribunal Act 74 of 1996; the Customs and Excise Act 91 of 1964. South Africa Law. In such instances, body and bag searches are permissible provided that it is advisable that these searches be carried out by persons of the same gender as the persons being searched. The navy has a small fleet consisting of frigates, submarines, minesweepers, small strike craft, and auxiliary vessels. (d) A police official may without a warrant enter any premises and search the premises or any person on the premises for any article listed in section 20 for the maintenance of law and order or the internal security of the Republic, which is likely to be threatened by a meeting or in consequence thereof.78 A police official who acts in terms hereof may take "such steps as such police official may consider necessary" for the preservation of the internal security of the Republic or prevention of crime (which can be a crime of a trivial nature). 36 Van de Merwe v Minister of Justice 1995 (2) SACR 471 (SCC) 29. 64 Thomson Newspapers Ltd v Canada (Director of Investigation and Research) (1990) 76 CR (3d) 129 (SCC). The Criminal Procedure Act therefore prima facie infringes this right. If the person who is issuing the search warrant is part of the office of the executing officer … e. Control of vehicular traffic. The National or a Provincial Commissioner may, "where it is reasonable in the circumstances to restore public order or to ensure the safety of the public in a particular area", authorise in writing that a particular area be cordoned off, specifying the period (which may not exceed 24 hours), the area and the object of the cordoning off. The provisions deal with search and seizure. 3. Section 13(7) of the Police Service Act provides for searches in an area cordoned off for purposes of public order or safety. It is a necessary incident to democracy that citizens must be protected from unjustified intrusions of privacy and property by agents of the state. 2. In the United States the Fourth Amendment, like our Constitution (though the extent of the similarity is debatable) also protects a person's right to be free from unreasonable searches and seizures. 21 2000 (1) SA 257. FMHT’s will provide security inspections of the facility during daily rounds on each shift. Execution of the statement of work, contract, task orders and all other contractual obligations. 3. Section 20 provides what kind of articles may be seized by the state. Section 21 of the Criminal Procedure Act makes provisions for search in terms of a search warrant. The truism that no right is absolute perhaps applies more to privacy than any other right. b. No provision is made in the Criminal Procedure Act if the premises are not a private dwelling. Keywords: Criminal law, evidence, search, seizure, privacy, criminal procedure, SAPS, South African Police Service, enforcement measures, provisions. In order for the search to be lawful, the premises to be searched must be clearly and properly identified in the warrant.24, Once a criminal trial has started, the judge or judicial officer presiding may issue a search warrant if it appears to such a judge or judicial officer that such an article is required in evidence before him.25, The search warrant requires a police officer or official to seize the article in question and authorises such an official to search any person identified in the warrant or to enter and search any premises identified in the warrant and search any person found on or at the premises.26, A search warrant must be executed by day unless the police official is specifically authorised therein to execute it by night.27, The safeguards against an unjustified interference with the right to privacy and other fundamental rights include prior judicial authorisation and an objective standard, that is whether there are reasonable grounds to believe based on information obtained under oath that an offence has been or is likely to be committed; that the articles sought or seized may provide evidence of the commission of the offence; and that the articles are likely to be on the premises to be searched.28.