Search And Warrant Analysis
‘INTRODUCTION
1.1 BACKGROUNG
The modern South African law of search and seizure is part of extensive government regulation of social and commercial activities. Approximately 39 statutes pertaining to criminal and non-criminal regulation deal with powers of search and seizure. Some of these statutes are well defined, others open ended.
This implies that the individual is prone to invasion of his rights. Swanepoel maintains that our Constitution and the Bill of Rights entrenched therein, have introduced a new element into the equation because they call into question the constitutionality of these laws. Certain provisions of the above mentioned statutes curtail certain fundamental rights of the individual.
This curtailment must however be reasonable …show more content…
The Criminal Procedure Act had long provided the only legal basis for obtaining warrants to search and seize or to perform such actions without a warrant in certain circumstances . The Criminal Procedure Act embodies the general provisions with regard to searching. Specific provisions are contained in many other Acts.
At first glance the searching of persons and premises, seizure and related matters seem to go against the spirit and content of section 12 and 14 of the Constitution, however in terms of section 36 of the Constitution, these rights may be limited by reasonable and justifiable limitations imposed by law of general application .
Sections 12(l) (a)-(d) of the Constitution guarantee everybody the right to freedom and security of his or her person, which includes the right not to be deprived of his or her freedom arbitrarily or without just cause; to be free from all forms of violence from either public or private sources; not to be tortured in any way; and not to be treated in a cruel, inhuman or degrading …show more content…
Constitutional rights should as far as possible be given a broad and generous interpretation, that is not to say that they are unlimited.
RESEARCH DESIGN
Chapter one gives the background and overview of the research. Chapter two on the other hand outlines the comparative analysis between our South African law and international law specifically Canada and the United States. Chapter three deals with a detailed discussion on the research problem with specific reference being made to the status of search and seizure in South Africa and at international law, and judicial precedence. Chapter 4 deals with recommendations and contains some concluding remarks based on the preceding chapters. Chapter 5 contains the bibliography.
CONCLUSION
This report dwells much on the law that govern warrantless search and seizures in South African law. The purpose of this article is to evaluate whether those provisions of the Criminal Procedure Act 51 of l977 and of the South African Police Service Act
68 of 1995 relating to warrantless searches and seizures that are not incidental to arrest are consistent with the spirit, object and purport of the South African
1.1 BACKGROUNG
The modern South African law of search and seizure is part of extensive government regulation of social and commercial activities. Approximately 39 statutes pertaining to criminal and non-criminal regulation deal with powers of search and seizure. Some of these statutes are well defined, others open ended.
This implies that the individual is prone to invasion of his rights. Swanepoel maintains that our Constitution and the Bill of Rights entrenched therein, have introduced a new element into the equation because they call into question the constitutionality of these laws. Certain provisions of the above mentioned statutes curtail certain fundamental rights of the individual.
This curtailment must however be reasonable …show more content…
The Criminal Procedure Act had long provided the only legal basis for obtaining warrants to search and seize or to perform such actions without a warrant in certain circumstances . The Criminal Procedure Act embodies the general provisions with regard to searching. Specific provisions are contained in many other Acts.
At first glance the searching of persons and premises, seizure and related matters seem to go against the spirit and content of section 12 and 14 of the Constitution, however in terms of section 36 of the Constitution, these rights may be limited by reasonable and justifiable limitations imposed by law of general application .
Sections 12(l) (a)-(d) of the Constitution guarantee everybody the right to freedom and security of his or her person, which includes the right not to be deprived of his or her freedom arbitrarily or without just cause; to be free from all forms of violence from either public or private sources; not to be tortured in any way; and not to be treated in a cruel, inhuman or degrading …show more content…
Constitutional rights should as far as possible be given a broad and generous interpretation, that is not to say that they are unlimited.
RESEARCH DESIGN
Chapter one gives the background and overview of the research. Chapter two on the other hand outlines the comparative analysis between our South African law and international law specifically Canada and the United States. Chapter three deals with a detailed discussion on the research problem with specific reference being made to the status of search and seizure in South Africa and at international law, and judicial precedence. Chapter 4 deals with recommendations and contains some concluding remarks based on the preceding chapters. Chapter 5 contains the bibliography.
CONCLUSION
This report dwells much on the law that govern warrantless search and seizures in South African law. The purpose of this article is to evaluate whether those provisions of the Criminal Procedure Act 51 of l977 and of the South African Police Service Act
68 of 1995 relating to warrantless searches and seizures that are not incidental to arrest are consistent with the spirit, object and purport of the South African