Search and Seizure


Krejcir v Minister of Correctional Services and Others

  • The case at hand dealt with relief claimed in the form of having items, obtained from a search and seizure process, sealed and that no person would have access to such items until such time as the accused’s legal counsel has had the ability to have seen the documents in order to determine which of the items are privileged.
  • In this instance, the search and seizure of the accused’s prison cell revealed various items including a gun and a diary indicating the existence of an escape plan. The court held that in such an instance the relief sought would have the effect of stunting the police investigation coupled with the fact that the items and the contents therein had already been observed by the investigators.
  • The court therefore noted that in this instance, considerations of public-policy warranted that such relief should not be granted.

Goqwana v Minister of Safety and Security NO and Others

  • This case dealt with the searching of the appellant’s business place whereby numerous items were seized. The appellant thus sought an order restoring his possession of such items. The court a quo, the High Court,  had dismissed such an application and the appellant therefore appealed to the Supreme Court of Appeal.
  • The appellant contends the search warrant did not specify to whom it was addressed nor the offence in question warranting the search of the premises. On appeal to the Supreme Court of Appeal, the court held that it is required that a police officerbe named on the warrant and furthermore that the offence should be specified in detail, with a section stipulated if it is a statutory offence, and that the affidavit in support of the warrant should accompany the warrant itself.
  • The search warrant had failed to comply with these and thus was set aside and the items returned.

 


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© Rui Lopes. All Rights Reserved.

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