Varikas v Minister Of Safety And Security and Others (4449/2013) [2014] ZAFSHC 55 (24 April 2014)
- Citation
- [2014] ZAFSHC 55
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- A. Kruger
- Case number
- 4449/2013
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- A. Kruger
- Case number
- 4449/2013
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Michael Varikas
Applicant Counsel: Adv N. JaggaThe Minister of Safety and Security N.O.
Respondent Counsel: Adv G.M. WrightThe Provincial Commissioner of the SAPS, FS N.O.
Respondent Counsel: Adv G.M. WrightThe Chairperson: The FS Gambling and Liquor Authority N.O.
Respondent Counsel: Adv G.M. WrightLieutenant-Colonel Thinane N.O.
Respondent Counsel: Adv G.M. WrightThe Magistrate, Sasolburg N.O.
Respondent Counsel: Adv G.M. Wright03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court
04
Questions and positions
Legal issues
- 01
Whether the description of the premises in the warrant rendered the warrant invalid.
- 02
Whether the warrant was overbroad and incapable of proper understanding.
Party arguments
- Applicant
- The applicant contends that the warrant is invalid because the premises are described as being in the Checkers Complex rather than the adjacent Groenewoud Complex, and that the physical location should be the overriding factor. The applicant further argues that the warrant is overbroad and may not meet the requirements for specificity.
- Respondent
- The respondents argue that the premises were described intelligibly in the warrant and that there is no allegation of another business in Sasolburg known as Game Net. They further submit that the warrant was capable of being understood by a reasonably well-informed person and was not overbroad.
05
Court’s reasoning
Legal principles
- 01
South African common law on search and seizure
A search warrant must describe the premises with sufficient clarity to enable identification and execution without confusion.
- 02
South African case law on overbreadth of warrants
A warrant should not be so broad as to allow arbitrary or unreasonable searches; it must be capable of being understood by a reasonable person.
06
Ratio, limits and disposition
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.
Obiter and limits
- The applicant did not allege the existence of another business in Sasolburg known as Game Net, which supports the intelligibility of the warrant's description.
- Written submissions were accepted by agreement of the parties, in accordance with the division's practice.
Court disposition
Leave to appeal granted to the Full Court of the Free State Division.
- Leave to appeal is granted to the Full Court of this Division.
- Costs are costs in the appeal.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Ruling
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
/sp
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