Attention is drawn to section 173 of the Urban Councils Act [Chapter 241] and to section 71 of the Rural Councils Act [Chapter 211] which authorize the local authorities, their officers, employees and contractors to go on to land and to enter premises in the following terms-
Section 173 of the Urban Councils Act [Chapter214]
173. (1) Subject to provisions of this section, a council-
(a) may place any water main, public drain, electricity transmission line or public sewer, together with any works necessary to and used in connexion with such water main, public drain electricity line or public sewer, whether above or below the ground, into, out of, along or across any land, including any road, other than land is within or outside the council area; and
(b) shall, through its employees or contractors, together with any assistants and advisers that may be necessary, have access to or over any property by the shortest and most practicable route reasonable in the circumstances for the purposes of-
(i) doing anything authorized or required to be done by the council in terms of this Act or any other law, including the placing of any water water main, public drain, electricity transmission line or public sewer;
(ii) inspecting, examining, testing, repairing, renewing, maintaining and cleaning any property of the council, including any water main, public drain, electricity transmission line or public sewer;
(iii) inquiring into and investigating the sustainability of immovable property for any work, scheme or undertaking of the council, and in making any necessary survey or valuation in connexion therewith;
(iv) ascertaining whether-
A. there exists any nuisance or
B. there is or has been a contravention of the provisions of this Act or any other law, responsibility for the administration of which is vested in council;
(v) ensuring compliance with the provisions of this Act or any other law, responsibility for the administration of which is vested in the council.
(2) The exercise by the council of any of the powers referred to in subsection(1) shall be subject to the provisions of this Act and of any other law regulating or controlling the rights of the council in that regard.
(3) Where it is proposed that the powers referred to in subsection(1) should be exercised over or under any road which is not vested in or maintained by the council, the council, before commencing any such work, shall consult the appropriate road authority as defined in the Roads and Road Traffic Act [Chapter263] and shall comply with any reasonable requirements of that road authority.
(4) Before exercising any powers referred to in subsection(1) the council shall give reasonable notice-
a) to the owner or occupier of the property concerned of the intention to enter into or upon any building or land by notifying the occupier personally or post or by giving notice to the owner at his last usual or last known place of abode or business personally or by post;
Provided that, in the case of work which is required to be executed urgently, or the reading of meters, it shall not be necessary for the council to give the notice required by this subsection;
b) in the case of land within the area of another local authority, to that other local authority
(5) No person shall be subjected to entry of his dwelling house without his consent, except at reasonable times and to the extent that such entry necessary-
a) for matters referred to in the provision to paragraph (a) of subsection (4); or
b) in the interests of town and country planning; or
c) for the purpose of the valuation of dwelling-house in connexion with any rate; or
d) to enable the council to carry out work connected with any of its property which is lawfully in that dwelling-house
(6) A person who is authorized in terms of this section to enter any land may take him such persons, animals, vehicles, appliances and other things as he may consider necessary for the performance of his duties
(7) Upon the completion of any works performed in the exercise of the powers conferred by this section on the property of any person, the council shall promptly restore the surface of the land, road or other place upon which the work was carried out as nearly as reasonably possible to the same condition as it was before the commencement of the work, and in carrying out the work the council shall do as little damage as reasonably possible to such land, road or other place.
(8) The council shall pay compensation to any person who suffers loss or deprivation of rights by exercise of the powers conferred by this section and the provision of Parts I and IV of the Land Acquisition Act[Chapter 144] shall, mutatis mutandis, apply to the payment of such compensation:
Provided that any reference in Part IV of that Act to the date of the publication of a preliminary notice the Gazette shall be read and construed as a reference to the date of the exercise of the powers referred to in this subsection.
Section 71 of the Rural Councils Act [Chapter211]
71. Any officer or other employee of the council duly authorized for the purpose by the council may at all reasonable times enter any premises within the area of the council for the purpose of any inspection or inquiry, or the execution of any duty, carried out in terms of this Act:
Provided that no such entry may be made into a dwelling-house unless it is necessary-
a) for the enforcement of this Act where there a reasonable grounds to suspect that an offence against this Act has been, is being; or is about to be committed in such dwelling-house, or that a person who has committed such an offence, or evidence relating to such an offence, is to be found therein; or
b) otherwise in the interests of public health or public safety; or
c) to enable the council to carry out work connected with any property of the council which is lawfully in such dwelling-house; or
d) for the purpose of the valuation of such dwelling-house connexion with any import levied or to be levied in terms of this Act