Panday v Minister of Police and Others (12044/10)
Panday v Minister of Police and Others (12044/10) [2012] ZAKZDHC 20; 2012 (2) SACR 421 (KZD) (18 April 2012)
The court found that Section 205 of the Criminal Procedure Act does not require magistrates to retain records of applications or reasons for issuing subpoenas, and the applicant was not prejudiced as he received complete and correct records. The supporting affidavits established a sufficient factual basis for the subpoenas, and the magistrates exercised their discretion judicially. The authorisations relied upon by the prosecutors were valid under the National Prosecuting Authority Act, and there was no requirement for specific or written authorisation for each application. The applicant's pr…
Source excerpt
- Criminal Procedure Act Section 205
- Constitutional Right To Privacy
- Judicial Discretion
- Procedural Irregularity
- National Prosecuting Authority Act
- Review Of Subpoena Issuance