Minister of Safety and Security v Van der Merwe

The case concerned four search and seizure warrants issued by magistrates under s 21 of the Criminal Procedure Act 51 of 1977 at the instance of the South African Police Service, acting on information from SARS, during an investigation into the financial affairs of Mr Gary van der Merwe and related entities. Three warrants related to various premises in Cape Town and one to premises in Bellville. The respondents applied to the Western Cape High Court to have all warrants set aside and to compel the return of seized items. The High Court set aside the Cape Town warrants on the basis that they failed to specify the offence under investigation, but upheld the Bellville warrant, which included an annexure describing the suspected offences. The Minister of Safety and Security and the Commissioner of SARS appealed against the setting aside of the Cape Town warrants, while the respondents cross-appealed against the dismissal of the challenge to the Bellville warrant.

The appeal against the setting aside of the Cape Town warrants was dismissed with costs, including the costs of two counsel. The cross-appeal against the validity of the Bellville warrant was also dismissed with costs, including the costs of two counsel.

The case is significant for clarifying the constitutional requirements for the validity of search and seizure warrants under the Criminal Procedure Act. It aligns criminal procedure with constitutional protections of privacy by confirming that warrants must specify the suspected offence to be intelligible and lawful, reinforcing strict judicial scrutiny of invasive investigative powers.