Minister of Safety and Security and Another v Tembop Recovery CC and Others (006/2015)
Minister of Safety and Security and Another v Tembop Recovery CC and Others (006/2015) [2016] ZASCA 52 (1 April 2016)
The Supreme Court of Appeal held that the high court erred in striking out the appellants' defence to the main application without first ordering compliance with the discovery request under rule 35(12) and (13). The court found that the interests of justice, policy, and public considerations required a balanced approach, especially where criminal proceedings were pending. The seized items formed part of the State's case in the criminal trial, and their premature return would undermine the prosecution. The court ruled that the proper procedure was to order compliance with the discovery request…
Source excerpt
- Uniform Rules Of Court
- Strike Out Defence
- Search And Seizure
- Discovery In Motion Proceedings
- Condonation
- Civil Declaratory Orders Affecting Criminal Proceedings