47
Powers conferred upon member of law enforcement agency or investigator who
is accompanied by member of law enforcement agency to be conducted in decent
and orderly manner with due regard to rights of other persons
35.
(1)
The powers conferred upon member of a law enforcement agency
or an investigator who is accompanied by a member of a law enforcement agency in
terms of section 29(2) of this Act, must be conducted —
(a)
with strict regard to decency and order; and
(b)
with due regard to the the rights, responsibilities and legitimate interests of other
persons in proportion to the severity of the offence.
(2)
If a female needs to be searched physically in terms of section
29(2)(a), (c) or (d) or section 32 of this Act, such search must be carried out by a
member of a law enforcement agency who is also a female: Provided that if no female
member of a law enforcement agency is available, the search must be carried out by
any female designated for that purpose by a member of a law enforcement agency.
Wrongful search and access or seizure and restriction on use of instrument,
device, password or decryption key or information to gain access
36.
(a)
(1)
A member of a law enforcement agency or an investigator—
who acts contrary to the authority of a search warrant issued under section 29(1)
or section 30(3); or
(b)
who, without being authorized thereto under this Chapter or the provision of any
other law which affords similar powers to a member of a law enforcement agency
or investigator—
(i)
accesses, searches, copies or seizes data, a computer device, any part of
a computer network, a database, a critical database, an electronic
communications network or a National Critical Information Infrastructure or
any other information, instrument, device or equipment; or