Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 86 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 86 contemplated in section 102 and then only to the extent that the answer or statement is relevant to prove the offence charged. Matters exempt from search and seizure 85. If the Regulator has granted an exemption in terms of section 37, the information that is processed in terms of that exemption is not subject to search and seizure empowered by a warrant issued under section 82. 5 Communication between legal adviser and client exempt 86. (1) Subject to the provisions of this section, the powers of search and seizure conferred by a warrant issued under section 82 must not be exercised in respect of— (a) any communication between a professional legal adviser and his or her client 10 in connection with the giving of legal advice to the client with respect to his or her obligations, liabilities or rights; or (b) any communication between a professional legal adviser and his or her client, or between such an adviser or his or her client and any other person, made in connection with or in contemplation of proceedings under or arising out of 15 this Act, including proceedings before a court, and for the purposes of such proceedings. (2) Subsection (1) applies also to— (a) any copy or other record of any such communication as is mentioned therein; and 20 (b) any document or article enclosed with or referred to in any such communication if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purposes of such proceedings as are mentioned therein. Objection to search and seizure 25 87. If the person in occupation of any premises in respect of which a warrant is issued under this Act objects to the inspection or seizure under the warrant of any material on the ground that it— (a) contains privileged information and refuses the inspection or removal of such article or document, the person executing the warrant or search must, if he or 30 she is of the opinion that the article or document contains information that has a bearing on the investigation and that such information is necessary for the investigation, request the Registrar of the High Court which has jurisdiction or his or her delegate, to attach and remove that article or document for safe custody until a court of law has made a ruling on the question whether the 35 information concerned is privileged or not; or (b) consists partly of matters in respect of which those powers are not exercised, he or she must, if the person executing the warrant so requests, furnish that person with a copy of so much of the material as is not exempt from those powers. 40 Return of warrants 88. A warrant issued under section 82 must be returned to the court from which it was issued— (a) after being executed; or (b) if not executed within the time authorised for its execution, 45 and the person who has executed the warrant must make an endorsement on it stating what powers have been exercised by him or her under the warrant.