South Africa Case Law

Zhao v Minister of Police and Others (3836/2024)

Zhao v Minister of Police and Others (3836/2024) [2024] ZANWHC 248; [2025] 1 All SA 855 (NWM) (25 September 2024)

Court

North West High Court, Mafikeng

Case number

3836/2024

Judge

Mfenyana

The court found that the search and seizure warrant was invalid as it was issued without proper consideration of information under oath, contrary to statutory requirements. The magistrate failed to apply his mind and relied on incoherent and contradictory information, some of which was not sworn. The presence of a Gambling Board official during the search was unauthorised and not provided for in the warrant, further invalidating the process. The applicant was in peaceful and undisturbed possession of the seized items, and the respondents failed to establish lawful dispossession. The urgency o…

Source excerpt

• Search And Seizure
• Mandament Van Spolie
• Validity Of Warrant
• Cybercrime Act Application
• Unlawful Possession
• Restoration Of Possession

Malan v Minister of SAPS N.O. and Others (M279/2017)

Malan v Minister of SAPS N.O. and Others (M279/2017) [2017] ZANWHC 59 (11 August 2017)

Court

North West High Court, Mafikeng

Case number

M279/2017

Judge

R D Hendricks

The High Court set aside a search and seizure warrant, finding the supporting affidavit was improperly commissioned by an involved officer, making the warrant invalid.

• Search And Seizure
• Commissioner Of Oaths Impartiality
• Validity Of Warrant
• Regulation 7 Non Compliance
• Search-and-seizure
• Commissioner-of-oaths

Varikas v Minister Of Safety And Security and Others (4449/2013)

Varikas v Minister Of Safety And Security and Others (4449/2013) [2014] ZAFSHC 55 (24 April 2014)

Court

Free State High Court, Bloemfontein

Case number

4449/2013

Judge

A. Kruger

The High Court granted leave to appeal on whether a search warrant’s description of premises was sufficiently clear and whether it was overbroad.

• Search And Seizure
• Validity Of Warrant
• Overbreadth Of Warrant
• Search-and-seizure
• Search-warrants
• Warrant-validity

Thint (Pty) Ltd v National Director of Public Prosecutions and Others (671/06)

Thint (Pty) Ltd v National Director of Public Prosecutions and Others (671/06) [2007] ZASCA 136; 2007 JDR 1140 (SCA); [2007] JOL 21049 (SCA) (8 November 2007)

Court

Supreme Court of Appeal

Case number

671/06

Judges

Farlam, Nugent, Cloete, Ponnan, Mlambo

The Supreme Court of Appeal dismissed Thint’s appeal against the warrant challenge, holding the search warrant valid and declining punitive costs.

• Search And Seizure
• Validity Of Warrant
• National Prosecuting Authority Act
• Preservation Order
• Search-and-seizure
• Search-warrant-validity