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South Africa Case Law

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Criminal Law [2022] ZAGPJHC 171

LTE Consulting (Pty) Ltd and Another v The Minister of Police and Others (42827/2020)

LTE Consulting (Pty) Ltd and Another v The Minister of Police and Others (42827/2020) [2022] ZAGPJHC 171 (24 March 2022)

The High Court dismissed a challenge to four search-and-seizure warrants, holding they were lawfully issued in chambers, sufficiently specific, and the dispute was moot.

  • Search And Seizure
  • Criminal Procedure Act
  • Jurisdiction Of High Court
  • Review Of Warrants
  • Abuse Of Power
  • Search-and-seizure
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Criminal Law [2010] ZAKZDHC 33

Mudaly v Gwala and Others (13673/09)

Mudaly v Gwala and Others (13673/09) [2010] ZAKZDHC 33; [2011] 1 All SA 420 (KZD) ; 2011 (1) SACR 302 (KZD) (17 August 2010)

The court held that the applicant lacked standing to challenge the validity of the search and seizure warrants as he failed to establish any link to the items seized or the premises searched. The mere risk of prosecution does not confer standing unless the applicant demonstrates a direct and substantial interest in the subject matter. The court applied the ratio from Zuma 1, which favours a restrictive approach to standing in criminal investigations, balancing individual rights against the public interest in effective crime fighting. The applicant's confusion regarding the charges could be re…

  • Search And Seizure
  • Standing
  • Fair Trial Rights
  • Review Of Warrants
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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.