Synopsis:
Application for confirmation of an order of constitutional invalidity made by the Western Cape High Court declaring provisions of section 4 of the Customs and Excise Act 91 of 1964 (Act) unconstitutional. The section permitted targeted non-routine searches without judicial warrant.
The Court confirmed the declaration and held that section 4 infringes the right to privacy unjustifiably. The section is overbroad as it does not define the premises that can be searched without a warrant, nor does it give guidance to the inspectors on the manner in which the searches are to be conducted. The Court suspended the declaration of invalidity for six months to allow Parliament time to remedy the constitutional deficiency in the Act. As an interim measure, and to allow SARS to ensure compliance with the Act, the Court read in a warrant requirement when SARS officials wish to search private residences for purposes of the Act.
Judgment: Madlanga J (unanimous).
