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South Africa Case Law

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Criminal Law [2011] ZAGPJHC 48

Ayob and Others v Director of Public Prosecutions and Others (2009/4644)

Ayob and Others v Director of Public Prosecutions and Others (2009/4644) [2011] ZAGPJHC 48 (29 May 2011)

The court found that the application for the search warrants was lawfully authorised and did not unlawfully intrude upon the applicants' rights to dignity, privacy, and economic freedom. The judge held that the jurisdictional requirements for issuing search warrants under section 29 of the National Prosecuting Authority Act were satisfied, as the application was supported by information on oath and reliable evidence of an organised drug syndicate. The limitation of the applicants' constitutional rights was reasonable and justifiable under section 36 of the Constitution, given the seriousness…

  • Search And Seizure
  • Constitutional Rights Limitation
  • Judicial Authorisation
  • Overbroad Warrants
  • Drug Offences
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Criminal Law [2010] ZASCA 101

Minister of Safety and Security and Another v Van der Merwe and Others (556/09)

Minister of Safety and Security and Another v Van der Merwe and Others (556/09) [2010] ZASCA 101; [2011] 1 All SA 260 (SCA) ; 2011 (1) SACR 211 (SCA) (7 September 2010)

The Supreme Court of Appeal held that, following the Constitutional Court's decision in Thint, a search and seizure warrant must specify the suspected offences under investigation to be valid and intelligible. The Cape Town warrants failed to do so and were therefore invalid. The Bellville warrant, by contrast, specified the offences in detail and was not vague or overbroad; its scope was sufficiently limited to documents related to the specified offences. The court emphasised that the requirement to specify the offence is now an authoritative rule, binding on lower courts, and applies to war…

  • Search And Seizure
  • Criminal Procedure Act
  • Warrant Validity
  • Right To Privacy
  • Overbroad Warrants
  • Constitutional Review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.