oa Comparative and International Law Journal of Southern Africa - Warrantless search and seizure in criminal procedure: a constitutional challenge



The purpose of this article is to evaluate whether those provisions of the Criminal Procedure Act 51 of 1977 and of the South African Police Service Act 68 of 1995 relating to warrantless searches and seizures that are not incidental to arrest are consistent with the spirit, object and purport of the South African Constitution. This raises the question: do such warrantless searches and seizures conform to the new legal order demanded by the constitution, or, do they still reflect the values of the old apartheid order, and as such, are in conflict with the Constitution and therefore invalid? The authore, therefore, turns to the law of foreign jurisdictions for guidance - at the same time taking heed of the warning against too readily importing foreign law.


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