Du Toit and Others v Provincial Minister of Environmental Affairs and Development Planning: Western Cape and Others (14275/16)
Du Toit and Others v Provincial Minister of Environmental Affairs and Development Planning: Western Cape and Others (14275/16) [2018] ZAWCHC 58; [2018] 3 All SA 532 (WCC); 2019 (1) SACR 311 (WCC) (24 May 2018)
The court found that the nature conservation officials were lawfully present on the public road and entitled to stop the Applicants and request documentation under sections 21(1)(a) and (e) of the Ordinance, whose constitutionality was not challenged. The items seized, including kudu carcasses, spotlights, battery, hunting rifles, and an injured steenbok, were all in plain public view and thus did not attract a reasonable expectation of privacy. The use of a torch to illuminate the interior of the vehicle did not constitute a search, as the items would have been visible in daylight. The court…
Source excerpt
- Right To Privacy
- Plain View Doctrine
- Search And Seizure
- Admissibility Of Evidence
- Nature Conservation Ordinance
- Retrospective Invalidity