Van der Merwe and Others v Additional Magistrate, Cape Town and Others (5880/2008 (A))
Van der Merwe and Others v Additional Magistrate, Cape Town and Others (5880/2008 (A)) [2008] ZAWCHC 122; 2010 (1) SACR 470 (C) (24 December 2008)
The court held that the search warrants issued for Zonnekus, Helibase, and Royal Ascot were invalid and set aside because they failed to specify the suspected offences under investigation and did not comply with the principle of intelligibility required by law and the Constitution. The warrants were excessively broad, lacked specificity, and did not provide sufficient information to both the searcher and the searched regarding the ambit of the search. The magistrates failed to apply their minds properly when authorising these warrants, as evidenced by the absence of reasons and the lack of de…
Source excerpt
- Search And Seizure
- Criminal Procedure Act
- Intelligibility Of Warrants
- Income Tax Fraud
- Vat Fraud