The appellants, Walter Eleazar Cyril and Letisha Cyril, were charged with 41 counts each of fraud, contraventions of the Customs and Excise Act 9 of 1964 (CEA), relating to allegedly diverting cigarettes without paying duties or VAT. SARS conducted a search of the Cyrils' bonded warehouse pursuant to sections of the CEA that were subsequently declared unconstitutional by the Constitutional Court in Gaertner v Minister of Finance. The Cyrils challenged the admissibility of evidence obtained during the search at their criminal trial. A magistrate held a trial within a trial and ruled the evidence admissible. While the criminal trial was pending, the Cyrils applied to the High Court to review and set aside the magistrate's ruling. SARS applied for leave to intervene in the review application as the complainant in the criminal proceedings. The High Court (Mahalelo J) granted SARS leave to intervene. The Cyrils appealed this order with leave of the High Court.