Varikas v Minister Of Safety And Security and Others (4449/2013) [2014] ZAFSHC 55 (24 April 2014)
The court found that, although it previously held the description of the premises in the warrant was sufficient and not overbroad, there are reasonable prospects that another court may reach a different conclusion regarding the validity and specificity of the warrant. Therefore, leave to appeal should be granted to...
Source-derived case information.
- Citation
- [2014] ZAFSHC 55
- Parties
- Applicant: Michael Varikas; Respondent: The Minister of Safety and Security N.O.; Respondent: The Provincial Commissioner of the SAPS, FS N.O.; Respondent: The Chairperson: The FS Gambling and Liquor Authority N.O.; Respondent: Lieutenant-Colonel Thinane N.O.; Respondent: The Magistrate, Sasolburg N.O.
- Court
- Free State High Court, Bloemfontein
- Jurisdiction
- South Africa
- Case Number
- 4449/2013
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Full Court
- Outcome
- Leave to appeal granted to the Full Court of the Free State Division.
- Judges
- A. Kruger
- Legal Topics
- Search and Seizure, Validity of Warrant, Overbreadth of Warrant
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Varikas
Applicant
The Minister of Safety and Security N.O.
Respondent
The Provincial Commissioner of the SAPS, FS N.O.
Respondent
The Chairperson: The FS Gambling and Liquor Authority N.O.
Respondent
Lieutenant-Colonel Thinane N.O.
Respondent
The Magistrate, Sasolburg N.O.
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
Legal Issues
- 1 Whether the description of the premises in the warrant rendered the warrant invalid.
- 2 Whether the warrant was overbroad and incapable of proper understanding.
Ratio Decidendi
The court found that, although it previously held the description of the premises in the warrant was sufficient and not overbroad, there are reasonable prospects that another court may reach a different conclusion regarding the validity and specificity of the warrant. Therefore, leave to appeal should be granted to allow the full court to reconsider these issues.
Court Disposition
Leave to appeal granted to the Full Court of the Free State Division.
Orders
- Leave to appeal is granted to the Full Court of this Division.
- Costs are costs in the appeal.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
CASE NO: 4449/2013
In the matter between:
MICHAEL VARIKAS Applicant
and
THE MINISTER OF SAFETY AND
SECURITY N.O. 1st Respondent
THE PROVINCIAL COMMISSIONER
OF THE SAPS, FS N.O. 2nd Respondent
THE CHAIRPERSON: THE FS GAMBLING
AND LIQUOR AUTHORITY N.O. 3rd Respondent
LIEUTENANT-COLONEL THINANE N.O. 4th Respondent
THE MAGISTRATE, SASOLBURG N.O. 5th Respondent
JUDGMENT ON APPLICATION FOR LEAVE TO APPEAL
CORAM:
KRUGER, J
DELIVERED ON: 24 APRIL 2014
[1] This is an application for leave to appeal against my judgment given on 22 November 2013. As is the practice in this division where the parties agree, written submissions were made. The applicant’s arguments were filed on 11 April 2014 and those of the respondents on 22 April 2014.
[2] In my judgment I held that the fact that the premises are described as being in the Checkers Complex and not in the adjacent Groenewoud Complex did not make the warrant invalid. Mr Jagga, for the applicant submits that a different court may come to a different conclusion on this point, and may hold that the shop’s physical location is the overriding factor. Another point made by Mr Jagga is that another court may find that the warrant is overbroad.
[3] The application is opposed by the first to fourth respondents, and Ms Wright filed arguments on their behalf. She says the premises were described intelligibly and she points out that the applicant does not allege that there is another business in Sasolburg known as Game Net. As to overbroadness, Ms Wright says the warrant was capable of being understood by a reasonably well-informed person.
[3] In my view there are reasonable prospects that another court may come to a different conclusion. Leave to appeal should be granted to the full court of this division.
ORDER
1. Leave to appeal is granted to the Full Court of this Division.
2. Costs are costs in the appeal.
______________
A. KRUGER, J
On behalf of the Applicant: Adv N. Jagga
Instructed by:
Honey & Partners
BLOEMFONTEIN
On behalf of the Respondent: Adv G.M. Wright
State Attorney
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