Mofomobe and Shale v. The Prime Minister and Others (CONSTITUTIONAL CASE 7 of 2023; CONSTITUTIONAL CASE 9 of 2023) [2023] LSHC 125 (20 June 2023)

Case summary

Constitutional law - right of privacy and freedom from arbitrary seizure of property - applicants' cellphones sought to be seized and searched by the National Security Services on grounds that they were in communication with some National Security Service members who had leaked classified material to them; further that the applicants were implicated in criminal offences of murder and money laundering - Assessment of validity of a warrant - seizure and search conferred on the Prime Minister - whether the procedure authorizing the issuance of the warrants has necessary safeguards against abuse of power - whether the warrants issued by the Minister in the Prime Minister's office were issued by the proper authority - whether the terms of the warrants were vague and overbroad - Constitution, 1993 sections 11 and 17; National Security Service Act 1998 section 26 (2); National Security Service Regulations, 2000.

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Cited documents 2

Legislation 2
1. Criminal Procedure and Evidence Act, 1981 13 citations
2. Money Laundering and Proceeds of Crime Act, 2008 12 citations

Documents citing this one 0