ConCourt to rule on search warrant laws
The Constitutional Court will hand down judgment on Thursday on the constitutionality of sections of the Estate Agency Affairs Act (EAAA) and the Financial Intelligence Centre Act (FICA) relating to search warrants.
The High Court in Cape Town previously found section 45B of FICA and section 32A of EAAA invalid because they permitted inspections without warrants, other than routine inspections aimed at ensuring regulatory compliance.
The High Court suspended its declaration of invalidity of section 45B of the FICA for 18 months to allow the Legislature time to amend it. In the meantime, the court stipulated that a magistrate or judge needed to grant a warrant for non-routine searches.
The matter arose when the Estate Agency Affairs Board, a regulatory and supervisory body, suspected Auction Alliance of breaches of the Acts.
The board tried to use the search powers contained in the legislation to search Auction Alliance's premises.
Auction Alliance refused the inspectors entry, and launched this constitutional challenge to the two relevant provisions.
The company has argued that the sections authorised "targeted", as opposed to routine, searches without the need for a warrant.
-Sapa