- Case summary
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Application for leave to appeal concerning search and seizure warrants which authorised, in terms of the National Prosecuting Authority Act, searches and seizures carried out by the National Prosecuting Authority (the state) to obtain information connected to the investigation of serious, organised crime. Whether the warrants violated the applicants' rights to privacy and property. The majority held that a balance must be struck between protecting privacy and property interests and the state's constitutionally mandated task of prosecuting crime. An application for a warrant must disclose material facts and must demonstrate a 'need' for a warrant, which requires there being an appreciable risk that the state would be unable to obtain the information sought by other means. Warrants are required to be intelligible so that they reasonably can be understood by a reasonably well-informed person. The majority held that these requirements were met in these cases and that specific mention in the warrants of the right to claim legal privilege was not required. The appeal was dismissed.
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Cited documents 24
Judgment 18
Legislation 6
1. | Criminal Procedure Act, 1977 | 3919 citations |
2. | Promotion of Administrative Justice Act, 2000 | 2107 citations |
3. | Income Tax Act, 1962 | 1599 citations |
4. | Prevention of Organised Crime Act, 1998 | 947 citations |
5. | Prevention and Combating of Corrupt Activities Act, 2004 | 362 citations |
6. | National Prosecuting Authority Act, 1998 | 204 citations |
Documents citing this one 47
Judgment 39
Gazette 1
1. | South Africa Government Gazette dated 2016-06-24 number 40088 part 1 |