Combined Private Investigations and Another v Rossouw and Others (448/2012) [2012] ZAFSHC 134 (5 July 2012)

Combined Private Investigations and Another v Rossouw and Others (448/2012) [2012] ZAFSHC 134 (5 July 2012)

The court found that the warrant authorising the search and seizure was invalid and the subsequent actions unlawful. As the main application had already resulted in an order for the return of the seized items, there was no purpose in confirming the rule nisi. The rule nisi was therefore discharged. The court saw no reason to depart from the general principle that costs follow the outcome, and ordered the first applicant to pay the costs of the application.

Citation
[2012] ZAFSHC 134
Parties
Applicant: Combined Private Investigations; Applicant: Director Public Prosecutions: Free State; Respondent: AC Rossouw; Respondent: The Minister of Police; Respondent: The Minister of Justice; Respondent: The Station Commissioner, SAPS, Virginia
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 July 2012
Case Number
448/2012
Procedural Posture
Urgent Application / Interlocutory Application to Discharge or Confirm a Rule Nisi
Outcome
The rule nisi is discharged. The first applicant is ordered to pay the costs of the application.
Judges
H. Murray
Legal Topics
Search and Seizure, Warrant Invalidity, Return of Seized Property
Civil Procedure Criminal Law Search and Seizure Warrant Invalidity Return of Seized Property

Case Brief

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Parties

Combined Private Investigations

Applicant

Director Public Prosecutions: Free State

Applicant

AC Rossouw

Respondent

The Minister of Police

Respondent

The Minister of Justice

Respondent

The Station Commissioner, SAPS, Virginia

Respondent

Procedural Posture

Urgent Application / Interlocutory Application to Discharge or Confirm a Rule Nisi

Legal Issues

  1. 1 Whether the rule nisi retaining seized assets should be discharged or confirmed.
  2. 2 Whether the costs should follow the outcome of the application.

Ratio Decidendi

The court found that the warrant authorising the search and seizure was invalid and the subsequent actions unlawful. As the main application had already resulted in an order for the return of the seized items, there was no purpose in confirming the rule nisi. The rule nisi was therefore discharged. The court saw no reason to depart from the general principle that costs follow the outcome, and ordered the first applicant to pay the costs of the application.

Court Disposition

The rule nisi is discharged. The first applicant is ordered to pay the costs of the application.

Orders

  • The rule nisi is discharged.
  • The first applicant is ordered to pay the costs of the application.