41 Search of members or premises (1) In this section— “premises” includes any place, vehicle, vessel, aircraft or receptacle whatsoever. (2) Subject to this section and subsection (1) of section forty-two, if it appears to a prescribed officer from information on oath that there are reasonable grounds for suspecting that there is upon any member or upon or at any premises belonging to the State which are occupied by or are under the control of the Defence Forces — (a) stolen property or anything with respect to which any offence in terms of this Act has been or is on reasonable grounds suspected to have been committed; or (b) anything as to which there are reasonable grounds for believing— (i) that it will afford evidence as to the commission of; or (ii) that it is intended to be used for the purpose of committing; any offence in terms of this Act; he may, in writing, authorize the search by an y member of such person or premises and the seizure of any such property or thing. (3) Any member authorized in terms of subsection (2) to carry out any search or to seize any property or thing shall— (a) be superior in rank to the member whose person is to be searched or in whose charge or control the said premises are; and (b) deliver safely to the commanding officer of the member referred to in paragraph (a ) any property or thing thus seized. (4) If an officer of field rank believes on reasonable grounds that the delay in obtaining written authority in terms of subsection (2) would defeat or prejudice the object of a search, he may, subject to subsection (3), autho rize such search without such written authority. (5) Any search carried out in terms of this section shall be conducted in the presence of the member in whose charge or under whose control the premises which are being searched are: Provided that— (a) if the delay in securing the presence of such member is likely to prejudice the object of the search; or (b) if, having regard to the exigencies of military operations, his presence cannot be readily secured; the search may be made in such member’s absence but in the presence of at least two other members. 42 Arrest, search and trial of member of a Reserve Force (1) Subject to subsection (2), no member of a Reserve Force shall be liable to arrest in terms of section forty or search in terms of section forty-one unless he is undergoing any continuous National Service. (2) If a charge brought against any member of a Reserve Force who is taken into military custody by virtue of section forty is not disposed of by a military court before the expiry of the period of any continuous National Service, he may on the expiry of that period be held in military custody until such charge is disposed of. (3) If any member of a Reserve Force is— (a) undergoing any term of imprisonment or detention on the expiration of any period of continuous National Service; or (b) by virtue of subsection (2) sentenced to a term of imprisonment or detention after the expiration of any period referred to in paragraph (a); he may be held in such imprisonment or detention for the whole term thereof. 43 Provisions for avoiding delay after arrest (1) The allegations against any member who is in military custody shall be duly investigated without unnecessary delay and proceedings shall be instituted as soon as possible in relation to such allegations or he shall be released from arrest. (2) Where any member who is in military custody remains under arrest for more than eight days without a court martial for his trial being assembled, a special report on the necessity for further delay shall be made by his commanding officer to the prescribed authority in the prescribed manner and a similar report shall be made every eight days until a court martial is assembled or the offence is dealt with summarily or he is released from arrest: Provided that this subsection shall not apply in relation to a member who is on active service if such compliance is not reasonably practicable having regard to the exigencies of military operations. 44 Remand warrants (1) A prescribed officer may issue a remand warrant for the custody in any detention barracks or civil prison of any member awaiting trial for an offence in terms of this Act. (2) The member in charge of a detention barracks or the officer in charge of a civil prison to whom a wa rrant referred to in subsection (1) is addressed shall act in accordance with the terms of that warrant.