(1) The Public Procurement Office may, for purposes of section 54, authorise one or more suitably qualified persons (herein referred to as ‘‘the authorised person’’) to enter and search any premises of—
(a) a procuring institution without any prior consent or warrant;
(b) an official of a procuring institution in accordance with subsection (2); or
(c) a bidder, or supplier to whom a bid has been awarded in terms of this Act, in accordance with subsection (2).
(2) The authorised person referred to in subsection (1) may enter premises of an official referred to subsection (1)(b) or a bidder or supplier referred to in subsection (1)(c)—
(a) with the prior consent of—
(i) in the case of a private residence—
(aa) of an official, bidder or supplier, as the case may be; or
(bb) the person apparently in control of the business reasonably believed to be conducted at the private residence, and the occupant of the private residence or the part of the private residence to be entered; or
(ii) in the case of any other premises, the person apparently in control of the premises, after informing that person that—
(aa) granting consent will enable the authorised person to enter the premises and for the authorised person to subsequently search the premises and to do anything envisaged in subsection (8); and
(bb) he or she is under no obligation to admit the authorised person in the absence of a warrant; or
(b) without prior consent and without prior notice to any person if the entry is authorised by a warrant.
(3)(a) The Public Procurement Office must issue the person authorised in terms of subsection (1) with a certificate stating that the person has been authorised in terms of subsection (1).
(b) When exercising powers in terms of this section, the authorised person must—
(i) be in possession of a certificate of appointment; and
(ii) immediately show that certificate to any person who is affected by the authorised person’s actions in terms of this section or who requests to see the certificate.
(4) The authorised person has the authority to search the premises and to do anything envisaged in subsection (8).
(5) The authorised person exercising powers in terms of this section must do so with strict regard to—
(a) an affected person’s right to—
(i) dignity;
(ii) freedom and security;
(iii) privacy; and
(iv) other constitutional rights; and
(b) decency and good order as the circumstances require, in particular by—
(i) entering and searching only such areas or objects as are reasonably required for the purposes of the investigation;
(ii) conducting the search discreetly and with due decorum;
(iii) causing as little disturbance as possible; and
(iv) concluding the search as soon as possible.
(6) An entry or search of premises in terms of this section may be done with or without the prior notification of the accounting officer or accounting authority of the relevant procuring institution.
(7) The authorised person may be accompanied and assisted during the entry and search of any premises for an investigation by a person designated by the Public Procurement Office.
(8)(a) While on the premises in terms of this section, the authorised person has access to any part of the premises and to any document or item on the premises, and may do any of the following—
(i) open or cause to be opened any strongroom, safe, cabinet or other container in which the authorised person reasonably suspects there is a document or item that may afford evidence required for the investigation;
(ii) examine, make extracts from and copy any document on the premises;
(iii) question any person on the premises to find out information relevant to the investigation;
(iv) require a person on the premises to produce to the authorised person any document or item that is relevant to the investigation and is in the possession or under the control of the person;
(v) require a person on the premises to operate any computer or similar system on or available through the premises to—
(aa) search any information in or available through that system; and
(bb) produce a record of that information in any media that the authorised person reasonably requires;
(vi) if it is not practicable or appropriate to meet a requirement in terms of subparagraph
(v), operate any computer or similar system on or available through the premises for a purpose set out in that subparagraph;
(vii) take possession of, and take from the premises, a document or item that may afford evidence required for the investigation; and
(viii) take photographs and videos of equipment and documents.
(b) The authorised person must, on request, allow the person apparently in control of the premises a reasonable opportunity to make copies of any document or item before it is taken as mentioned in paragraph (a)(vii).
(c) The authorised person must give the person apparently in control of the premises a written receipt for documents or items taken as mentioned in paragraph (a)(vii).
(d) Subject to paragraph (e), the Public Procurement Office must ensure that any document or item taken by the authorised person as mentioned in paragraph (a)(vii) is returned to the procuring institution when—
(i) retention of the document or item is no longer necessary to achieve the object of the investigation; or
(ii) all proceedings arising out of the investigation have been finally disposed of.
(e) A document or item need not be returned to the procuring institution which produced it if it is not in the best interest of the public or any member or members of the public for the documents or items to be returned.
(f) A procuring institution from whose premises a document or item was taken as mentioned in paragraph (a)(vii), or its authorised representative, may, during normal office hours and under the supervision of the authorised person or another person designated by the Public Procurement Office, examine, copy and make extracts from the document or item.
(9) The authorised person or any person assisting that person as provided for in subsection (6), may use reasonable force to exercise any power in terms of this section.
(10) The law relating to privilege, as applicable to a witness subpoenaed to provide a book, document or object in a civil trial before a court applies, with the necessary changes, in relation to the production of any information, including but not limited to any working papers, statements, correspondence, books or other documents, to the Public Procurement Office acting in accordance with this section.
(11)(a) A person who is questioned or required to produce a document or information during an investigation in terms of this section, may object to answering the question or to producing the document or the information on the grounds that the answer, the contents of the document or the information may tend to incriminate the person.
(b) The authorised person must inform the person of the right to object in terms of this section at the commencement of the investigation.
(c) On such an objection, the authorised person may require the question to be answered or the document or information to be produced, in which case the person must answer the question or produce the document.
(d) Subject to paragraph (e), an answer given or a document or information produced, as required in terms of paragraph (c), may be used for the purposes of an investigation or other legal proceedings in terms of this Act.
(e) An incriminating answer given, and an incriminating document or information produced, as required in terms of paragraph (c), is not admissible in evidence against the person in any criminal proceedings, except in criminal proceedings for perjury or in which that person is tried for a contravention of section 60(1)(a) based on the false or misleading nature of the answer.