CRIMINAL PROCEDURE AND EVIDENCE ACT (3) If the seized article needs to be destroyed or disposed of because it is perishable or becomes a hazard to human health or safety, and there is any valid reason for not returning the article in question to the owner or possessor thereof or other person to whom a full receipt was given in respect of its seizure, then the police officer shall— (a) issue to the owner or possessor thereof or other holder of the full receipt a notice of destruction or disposal of a seized article substantially in the form set out in the Eleventh Schedule, in which the owner, possessor or holder is also notified of his or her right to object to the proposed destruction or disposal within fourteen days of the date of issuance of the notice; and (b) not earlier than fourteen days thereafter destroy the article or have it destroyed, or dispose of the article in such manner as the circumstances may require; and (c) at least twenty-four hours before the day on which the article is to be destroyed or disposed of, notify in writing the person to whom the notice of destruction or disposal of the seized article was issued, and afford the notified person or his or her authorised representative an opportunity to witness the destruction or disposal. (4) Immediately upon receiving any objection to a notice of destruction or disposal of a seized article, a police officer shall apply for a warrant of destruction or disposal of a seized article in terms of subsection (5), upon not less than seven days’ written notice to the owner or possessor thereof, or, if his or her whereabouts or identity cannot be ascertained after due inquiry, upon delivery of the notice to the same person or in the same manner and at the same place as the receipt referred to in section 49(2) was delivered. (5) An application for a warrant of destruction or disposal of a seized article shall be made by a police officer to a magistrate or justice (other than a police officer) having jurisdiction over the area where the article was seized, for which purpose the police officer shall swear by affidavit that— (a) the seized article (of a description and having the identification number specified in the affidavit) needs to be destroyed or disposed of because it is perishable or has become a hazard to human health or safety; and (b) there is a valid reason (specified in the affidavit) for not returning the article in question to the owner or possessor thereof or other person to whom a full receipt was given in respect of its seizure; and (c) a full receipt in respect of the article was issued on a specified date; and (d) written notice of the time and place when the application for the warrant is to be made was timeously given to the owner or possessor thereof or other person mentioned in paragraph (b). (6) In an application for a warrant of destruction or disposal of a seized article the magistrate or justice shall, if the owner or possessor thereof, or other person mentioned in subsection (5)(b), is present, allow— (a) him or her to make representations in person, in writing or through a legal practitioner, in opposition to the application; and (b) the applicant police officer to respond to any submissions made under paragraph (a); but no postponement of the application shall be entertained, and no submissions shall be made by either party except those concerning— (c) the truth or otherwise of any statement referred to in subsection (5) (a), (b), (c) or (d); and (d) any allegation by the applicant police officer that the notified party or the party who is opposing the application is not entitled to the possession or ownership of the seized article by reason of not having a full receipt in relation thereto or for some other lawful reason; and the application must be determined on the same day on which it was made, whether the notified person is present or not. [Section substituted by s. 21 of Act No. 2 of 2016] 37