Synopsis:
This decision concerned the validity and intelligibility of search and seizure warrants issued under section 21 of the Criminal Procedure Act. Upholding the decisions of the Supreme Court of Appeal and the Western Cape High Court, Cape Town, the Court held that a section 21 search warrant must specify the offence in issue. The High Court and the Supreme Court of Appeal found that the warrants in this case were invalid as they failed to specify the offences suspected of having been committed. This Court found that for a warrant issued in terms of section 21 to be intelligible, and accordingly valid, the warrant must stipulate the suspected offence. The failure to comply with this requirement led to the warrants being invalid. Judgment: Mogoeng J (unanimous)
