- Flynote
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Search warrant in terms of s 21(1)(a) of the Criminal Procedure Act 51
of 1977 – must be issued on the basis of information on oath – statement on basis of
which warrant issued not sworn – warrant invalid – items seized under warrant
inadmissible – admissions made after warrant ruled to be valid – such compelled by
the decision that the warrant was valid – breach of fair trial rights in terms of s 35 of
the Constitution.
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Cited documents 5
Judgment 2
Legislation 3
1. | Criminal Procedure Act, 1977 | 3916 citations |
2. | Children's Act, 2005 | 537 citations |
3. | Films and Publications Act, 1996 | 165 citations |
Documents citing this one 2
Judgment 1
1. | S v Hudla and Others (SS 46/2018) [2022] ZAGPJHC 392 (23 June 2022) |