Khosana and Another v Minister of Safety and Security NO and Another (2512/08) [2009] ZAFSHC 33 (19 March 2009)

Khosana and Another v Minister of Safety and Security NO and Another (2512/08) [2009] ZAFSHC 33 (19 March 2009)

The court found that the warrants were unlawful and overbroad, as the information before the magistrate did not disclose reasonable grounds for believing that most of the articles were concerned in the commission or suspected commission of the relevant offences, nor that they were located at the specified premises. The warrants failed to identify the premises and articles with sufficient specificity, and many items seized had no connection to the alleged crimes. The applicants, including the second applicant, had locus standi to challenge the warrants due to their proprietary interests and the convergence of facts. The court rejected the respondents' preliminary objections and held that...

Citation
[2009] ZAFSHC 33
Parties
Applicant: Fikizolo Norman Khosana; Applicant: F N Khosana Transport CC; Respondent: Minister of Safety and Security NO; Respondent: Director of Public Prosecutions NO Free State Provincial Division
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 March 2009
Case Number
2512/08
Procedural Posture
Review Application / Judgment
Outcome
Application granted. All search and seizure warrants set aside as invalid and of no force and effect. Preservation order granted for specified articles.
Judges
H.M. Musi
Legal Topics
Search and Seizure, Criminal Procedure Act, Right to Privacy, Overbreadth of Warrants, Preservation Order
Criminal Law Civil Procedure Search and Seizure Criminal Procedure Act Right to Privacy Overbreadth of Warrants Preservation Order

Case Brief

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Parties

Fikizolo Norman Khosana

Applicant

F N Khosana Transport CC

Applicant

Minister of Safety and Security NO

Respondent

Director of Public Prosecutions NO Free State Provincial Division

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the search and seizure warrants issued against the applicants were lawful and valid.
  2. 2 Whether the warrants were overbroad and lacked reasonable grounds for the seizure of certain articles.
  3. 3 Whether the applicants had locus standi to challenge the warrants, especially in respect of premises not personally occupied.

Ratio Decidendi

The court found that the warrants were unlawful and overbroad, as the information before the magistrate did not disclose reasonable grounds for believing that most of the articles were concerned in the commission or suspected commission of the relevant offences, nor that they were located at the specified premises. The warrants failed to identify the premises and articles with sufficient specificity, and many items seized had no connection to the alleged crimes. The applicants, including the second applicant, had locus standi to challenge the warrants due to their proprietary interests and the convergence of facts. The court rejected the respondents' preliminary objections and held that...

Court Disposition

Application granted. All search and seizure warrants set aside as invalid and of no force and effect. Preservation order granted for specified articles.

Orders

  • All search and seizure warrants issued by magistrate M. Rutherberg to Captain Flynn on 12 February 2007 authorising operations at the applicants' premises are declared invalid and of no force and effect.
  • All articles seized and removed from the premises in pursuance of the warrants, except those subject to the preservation order, must be returned to the applicants.