Minister takes search warrant ruling to top court

According to a Business Day report the consequences of the SCA judgment in September are far-reaching - with many warrants issued in terms of the Criminal Procedure Act being deemed unlawful because they did not mention the offence. The Ministry fears that the criminal justice system will be thrown into turmoil if the court declared that the judgment covered all warrants which did not specify the offences being investigated. In his written arguments before the Constitutional Court, the Minister argues that the failure to specify an offence only applies in the National Prosecuting Authority Act and does not cover warrants issued under the Criminal Procedure Act. The report notes in its judgment, the SCA said the requirement that the offence must be specified was laid down unequivocally and without qualification in the Constitutional Court judgment of Thint versus the National Director of Public Prosecutions. Judge Robert Nugent said he saw no material distinction between a warrant that was issued under the National Prosecuting Authority Act and a warrant that was issued under the Criminal Procedure Act. Full Business Day report