thing for safe custody until a court of law has made a ruling on
the question whether the information is privileged or not.
(b)
If that information is held not to be privileged, the document or
thing concerned shall be available for inspection and testing or
analysis under subsection (12).
(11)
Subject to subsections (12) to (15), any document or thing seized
under this section shall be disposed of in accordance with the
applicable provisions of the Criminal Procedure Act, 1977 (Act 51 of
1977), as if it has been seized in terms of that Act.
(12)
Subject to subsection (10), a document or thing seized under this
section shall-
(13)
(a)
be open for inspection by any interested person during normal
office hours;
(b)
on request of any interested person, be made available for
testing or analysis, if the person in whose custody the
document or thing is kept or any inspector is satisfied, after
taking into account the nature of the document or thing and of
the testing or analysis, the purpose of the testing or analysis
and the suitability of the person by whom the testing or
analysis is to be conducted, that the request is reasonable.
(a)
If criminal proceedings are not instituted in connection with a
document or thing seized under this section within a
reasonable time after the seizure or, if it appears that the
document or thing is not required in criminal proceedings for
the purposes of evidence or an order of court, it shall-
(b)
(14)
(i)
subject to paragraph (b), be returned to the person
from whom it was seized or, if that person may not
lawfully possess it, to the person who may lawfully
possess it; or
(ii)
be released from the safeguarding on or in the relevant
premises,
as the case may be.
The person in whose custody the document or thing is kept,
shall 72 hours before the return notify every complainant (if
any) in respect of the alleged offence to which the document or
thing relates of the intended return of the document or thing.
In criminal proceedings in connection with a document or thing seized
under this section, the court concerned may, without limiting any other
powers of the court, order that(a)
if the document or thing is the subject of an offence in terms of
this Act, it be destroyed;
(b)
the document or thing be released to a specified person.