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Oditrim (Pty) Ltd v Learned Additional Magistrate, Colesburg and Others (329/2018) [2020] ZANCHC 2 (21 February 2020)
The High Court dismissed a review of a section 205 subpoena, holding that non-joinder and alleged non-disclosure did not justify setting aside the magistrate’s decision.
Stevens and Others v Investec Bank Ltd and Others (2012/32900) [2012] ZAGPJHC 226 (25 October 2012)
High Court granted interim relief preserving banking confidentiality pending review of section 205 subpoenae and refused access to the Steenkamp affidavit.
S v De Vries and Others (67/2005) [2008] ZAWCHC 38; 2009 (1) SACR 613 (C) (11 June 2008)
High Court ruling on admissibility of cell phone records, arrest warrants, and searches in a multi-accused robbery case; subpoenas were excluded, seized items admitted.
S v De Vries and Others (SS 67/2005) [2006] ZAWCHC 64 (20 April 2006)
The court held that the cellphone records obtained via section 205 subpoenas were admissible. The repeat applications were justified because the initial inadmissibility ruling resulted from the magistrate's failure to exercise discretion, not from any defect attributable to the prosecution. The process followed for the subsequent subpoenas was more formal and in line with new guidelines, with the magistrate applying his mind independently and critically. The accuseds' rights to a fair trial and privacy were not violated, as the evidence was lawfully obtained, relevant, and its admission would…
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