Section 35 | Obstructing or hindering police official or investigator and authority to overcome resistance

  1. Any person who unlawfully and intentionally obstructs or hinders a police
    official or an investigator in the exercise of their powers or the performance of their
    duties or functions in terms of this Chapter or who refuses or fails to comply with a
    search warrant issued in terms of section 29(1), is guilty of an offence and is liable on
    conviction to a fine or imprisonment for a period not exceeding two years or to both afine and such imprisonment.
    1. A police official who may lawfully execute any power conferred upon them in terms of section 29(2), may use such force as may be—
      1. reasonably necessary; and
      2. proportional to all the circumstances,
        relating to the execution of such powers.
    2. No police official may enter upon or search any premises, vehicle, facility, ship or aircraft unless they have audibly demanded admission to the premises, vehicle, facility, ship or aircraft and have notified the purpose of their entry.
    3. The provisions of paragraph (b) do not apply where the police official is, on reasonable grounds, of the opinion that an article which is the subject of the search may be destroyed, disposed of or tampered with if the provisions of paragraph (b) are complied with.