Extra Dimension v Kruger

In Extra Dimension v Kruger, an important case in South African criminal procedure, the second applicant was employed by Kogiso Khulani Supervision Services (KKS). During March 2000, he wished to resign when it came to his attention that there were allegations of fraud against him. He withheld his resignation and resigned only in August 2001.

During May 2002, he bought the membership interest in Extra Dimensions, after which he was requested by the investigating officer to go to him so that a warning statement could be taken from him, but his attorney told him that there was no need.

The second applicant's attorney thereafter telephoned the regional prosecutor. She was also of the opinion that there was not sufficient evidence to initiate a criminal prosecution. She said that she would withdraw the charges and send a motivated memorandum to the DPP.

While she was under the impression that certain documentation had to be obtained, the second respondent's officials got hold of the docket and obtained a search warrant.

On June 18, 2002, members of the second respondent and the third respondent seized certain items on the second applicant's premises in terms of the warrant, annexure to the papers. This happened in the absence of the second applicant, who became aware of the seizure at 15:00 the same day, when he arrived at his premises.

The court held that a warrant authorizing private individuals to search premises is clearly ultra vires sections 20 and 21 of the CPA, as warrants must be executed by police officials.

Notes


    gollark: I can't easily come up with a *ton* of examples of this, but stuff like generics being special-cased in for three types (because guess what, you *do* actually need them), certain basic operations returning either one or two values depending on how you interact with them, quirks of nil/closed channel operations, the standard library secretly having a `recover` mechanism and using it like exceptions a bit, multiple return values which are not first-class at all and which are used as a horrible, horrible way to do error handling, and all of go assembly, are just inconsistent and odd.
    gollark: And inconsistent.
    gollark: But... Google is hiring some of the smartest programmers around, can they *not* make a language which is not this, well, stupid? Dumbed-down?
    gollark: It has some very nice things for the cloud-thing/CLI tool/server usecase; the runtime is pretty good and for all garbage collection's flaws manual memory management is annoying, and the standard library is pretty extensive.
    gollark: I'm not entirely sure what the aim is - maybe they originally wanted to go for highly concurrent systems or something, but nowadays it seems to mostly be used in trendy cloudy things, servers, command line utilities, that sort of thing.
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