Goqwana v Minister of Safety NO & Others (20668/2014) [2015] ZASCA 186; [2016] 1 All SA 629 (SCA); 2016 (1) SACR 384 (SCA) (30 November 2015)

Goqwana v Minister of Safety NO & Others (20668/2014) [2015] ZASCA 186; [2016] 1 All SA 629 (SCA); 2016 (1) SACR 384 (SCA) (30 November 2015)

The Supreme Court of Appeal held that the search warrant was invalid because it failed to name a specific police official authorized to conduct the search, as required by sections 21 and 25 of the Criminal Procedure Act. The warrant was addressed generically to 'the Station Commander' without specifying the police station or individual, which does not meet the statutory requirement for specificity. Furthermore, the warrant did not refer to the specific statutory offence or section, particularly section 11 of the National Gambling Act, and described the offence in vague terms ('illegal interactive gambling') that do not exist in statute. The supporting affidavit relied upon by the...

Citation
[2015] ZASCA 186
Parties
Appellant: Pompo Joseph Goqwana; Respondent: Minister of Safety and Security NO; Respondent: Provincial Commissioner of the SAPS, Limpopo Province; Respondent: Chairperson: Limpopo Gambling Board; Respondent: Lieutenant Sebola; Respondent: Magistrate Phalaborwa NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 2015
Case Number
20668/2014
Procedural Posture
Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; search warrant set aside; seized goods to be restored to appellant.
Judges
Mpati, Petse, Willis, Swain, Zondi
Legal Topics
Search and Seizure, Mandament Van Spolie, Validity of Search Warrant, Statutory Interpretation, Constitutional Rights, Gambling Regulation
Civil Procedure Administrative Law Search and Seizure Mandament Van Spolie Validity of Search Warrant Statutory Interpretation Constitutional Rights Gambling Regulation

Case Brief

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Parties

Pompo Joseph Goqwana

Appellant

Minister of Safety and Security NO

Respondent

Provincial Commissioner of the SAPS, Limpopo Province

Respondent

Chairperson: Limpopo Gambling Board

Respondent

Lieutenant Sebola

Respondent

Magistrate Phalaborwa NO

Respondent

Procedural Posture

Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether a search warrant must be addressed to a specifically named police official.
  2. 2 Whether a search warrant relating to a statutory offence must refer to the specific statute and section.
  3. 3 Whether the warrant and supporting affidavit provided sufficient particularity and lawful basis for the search and seizure.

Ratio Decidendi

The Supreme Court of Appeal held that the search warrant was invalid because it failed to name a specific police official authorized to conduct the search, as required by sections 21 and 25 of the Criminal Procedure Act. The warrant was addressed generically to 'the Station Commander' without specifying the police station or individual, which does not meet the statutory requirement for specificity. Furthermore, the warrant did not refer to the specific statutory offence or section, particularly section 11 of the National Gambling Act, and described the offence in vague terms ('illegal interactive gambling') that do not exist in statute. The supporting affidavit relied upon by the...

Court Disposition

Appeal upheld; search warrant set aside; seized goods to be restored to appellant.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and replaced with the following: (a) The warrant issued by the fifth respondent on 3 May 2012, in respect of the applicant’s business premises at the Skylounge Internet Lounge, Eden Square Mall, corner of Palm and President Nelson Mandela Streets, Phalaborwa, is set aside.