n South African Journal of Criminal Justice - Criminal procedure : recent cases
|Article Title||Criminal procedure : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2013|
|Pages||378 - 388|
It is a trite fact that the power conferred by a warrant to search and thereafter, to seize that which is found, amounts to a material invasion of such common law protected rights as the rights to privacy, property and personal integrity (Powell NO and Others v Van Der Merwe NO and Others 2005 (1) SACR 317 (SCA)). Because of the far-reaching implications of the injudicious exercise of this power, sections 20 and 21 of the Criminal Procedure Act 51 of 1977 (hereafter the CPA) authorises only judicial officers to issue search and seizure warrants, as they are considered to possess the qualities and skills necessary for the proper exercise of this power, such as independence and the ability to evaluate relevant information so as to make informed decisions (Minister of Safety and Security v Van der Merwe and Others 2011 (2) SACR 301 (CC) at para ).
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