Synopsis:
The North West Gambling Board Act to the extent that it authorised warrantless searches of premises which were not licensed under the Act, was held to be unconstitutional for infringing the right to privacy because the objectives of such searches could have been achieved by requiring warrants, which would have been less invasive of the right to privacy. It was therefore not necessary to determine the other issues raised by the applicant, which were whether other provisions of the Act resulted in a violation of the right to remain silent and exceeded the constitutional competence of the provincial legislature respectively. Van der Westhuizen J wrote for a unanimous Court.
