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The constitutional validity of search and seizure powers in South African criminal procedure


V Basdeo

Abstract

The Criminal Procedure Act1 had long provided the only legal basis for obtaining warrants to search and seize or to perform such actions without
warrant in certain circumstances. The Criminal Procedure Act embodies the general provisions with regard to searching. Specific provisions are contained in many other Acts. Section 19 of the Criminal Procedure Act states that Chapter 2 of the Act shall not derogate from any power conferred by any other Act to enter any premises or to search any person, container or premises or to seize any matter, to declare any matter forfeited or to dispose of any matter. Therefore any other law that confers powers of search and seizure co-exists with the Criminal Procedure Act and is not repealed by the Criminal Procedure Act.

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eISSN: 1727-3781