CRIMINAL PROCEDURE AND EVIDENCE ACT
received a communication referred to in subsection (5), shall be entitled to be present at the
destruction of the seized article or to witness its disposal, as the case may be.
(8) On the date and time appointed by the responsible police officer under subsection (5), the
police officer in charge of the destruction or disposal of the seized article shall, immediately
upon such destruction or disposal, sign a declaration attesting to the destruction or disposal of
the seized article, to which any witnesses authorised by subsection (7) to be present thereat
shall also subscribe their names and signatures.
[Section inserted by s. 26 of Act No. 2 of 2016]
63B Admissibility in evidence of certain notices and entries made under this
Part
(1) Any original or authenticated copy of—
(a) a full receipt issued in relation to an article seized in terms of this Part;
(b) an entry in an inventory referred to in section 58(1)(b);
(c) a notice of destruction or disposal of a seized article or a notice to be present at the
destruction or disposal thereof issued to any person for the purposes of section 58(3)(a)
or (c);
(d) a notice of continued retention of the seized article served in terms of section 58A(1);
(e) an entry in an occurrence book made for the purposes of section 63A(3);
shall, upon its mere production by any person, be prima facie proof of the facts stated therein.
[Section inserted by s. 26 of Act No. 2 of 2016]
64 Women detained for immoral purposes
(1) If it appears to a magistrate on complaint made on oath by a parent, husband, relative or
guardian of a woman or girl, or any other person who, in the opinion of the magistrate, is
acting in good faith in the interests of a woman or girl, that there are reasonable grounds for
suspecting that such woman or girl is unlawfully detained for immoral purposes by any person
in any place within the magistrate’s jurisdiction, he may issue a warrant directed to a peace
officer and authorizing him to search for such woman or girl, and when found to take her to
and detain her in a place of safety until she can be brought before a magistrate, and the magistrate before whom she is brought may cause her to be delivered up to her parents, husband,
relatives or guardians, or otherwise deal with her as the circumstances may permit and require.
(2) The magistrate issuing the warrant may by warrant direct any person accused of so unlawfully detaining the woman or girl to be arrested and brought before him or some other
magistrate having jurisdiction.
(3) A woman or girl shall be deemed to be unlawfully detained for immoral purposes if
she—
(a) being under the age of sixteen years, is detained for those purposes, whether against her
will or not; or
(b) being of or over the age of sixteen years and under the age of eighteen years, is for
those purposes detained against her will or against the will of her father or mother or
any other person who has the lawful care or charge of her; or
(c) being of or above the age of eighteen years, is for those purposes detained against her
will;
and a woman or girl shall be deemed to be detained for immoral purposes if she is detained by
any person in order that she may be unlawfully carnally known by any man, whether a particular man or not.
(4) A peace officer authorized by warrant under this section to search for a woman or girl
may enter, if need be, by force any house or other place specified in the warrant, and may
remove the woman or girl therefrom.
(5) A warrant under this section shall be executed by the police officer mentioned in it, who
shall, unless the magistrate otherwise directs, be accompanied by the parent, husband, relative,
guardian or other person by whom the complaint is made, if such person so desires.
46
Select target paragraph3
Add to table of contents