Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 11

Part 2 : Search, Seizure and Powers of Arrest of Authorised Persons, Offences And Penalties in Connection with Such Search and Seizures by Authorised Persons

145. Search, seizure and powers of arrest by authorised persons
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(1)An authorised person may, in the interests of aviation security, without a warrant, search any person, baggage, vehicles, personal effects, cargo or goods, before or after boarding, disembarking, loading or off-loading the aircraft, as the case may be.

 

(2)The Minister may direct the manager of any airport or heliport, or air carrier in respect of any particular airport or heliport, to ensure the search of all persons, baggage, vehicles, personal effects, cargo or goods before loading or after off-loading.

 

(3)Any person who fails to comply with any direction under subsection (2) is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding three years or to both such fine and imprisonment.

 

(4)An air carrier may not transport any person or his or her baggage, personal effects, cargo or goods if such person refuses to be searched or to have his or her baggage, personal effects, cargo or goods searched under subsection (1).

 

(5)If an airport manager believes on reasonable grounds that it is necessary for the security of the airport that a person or vehicle, or the baggage or personal effects of a person or any vehicle, cargo or goods which are to enter a restricted area be searched, he or she may direct any authorised person to conduct such a search without a warrant.

 

(6)The Minister may direct the manager of any airport, or the manager of any organisation conducting any business at any particular airport, that any person or vehicle or the baggage or personal effects of any person entering any restricted area at the designated airport, or that any vehicle or cargo which is, or any goods which are, to enter a restricted area at the designated airport, be searched by an authorised person without a warrant.

 

(7)Any person who fails to comply with any direction under subsection (6) is guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding three years or to both such fine and imprisonment.

 

(8)Any authorised person may, if on reasonable grounds believe that the search is necessary for the security of any airport, aircraft passengers or any aviation facility, or to avoid interference with the operation of an air carrier, airport or an air navigation facility, search, without a warrant, any building, structure, equipment, vehicle, cargo, goods or aircraft.

 

(9)Any authorised person may without a warrant search any aviation facility or its contents, or any person, vehicle or article found in it, if he or she has reasonable grounds to believe that the search is necessary in the interests of aviation security, or to avoid interference with the operation of such facility.

 

(10)An authorised person may, in writing, order a person who refuses to be searched, or to have his or her baggage, vehicle or personal effects searched, to immediately leave the airport or heliport, as the case may be, and not to return for a specified period, which period may not exceed 24 hours.

 

(11)An authorised person may, in writing, order a person who refuses to have his or her cargo, goods, vehicle or article searched, to immediately remove such cargo, goods, vehicle or article from the airport or heliport, as the case may be.

 

(12)Any person who fails to comply with the order contemplated in subsection (10) or (11) is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding three years or to both such fine and imprisonment.

 

(13)Any search contemplated in this section must be conducted with strict regard for decency and order and with respect for each person's right to dignity, freedom, security and privacy.

 

(14)Any person executing a warrant in terms of this section may be accompanied and assisted by a police officer.

 

(15)During any search under this section, only a female authorised person may search a female person, and only a male authorised person may search a male person.