Publication: Sapa Issued: Johannesburg Date: 2008-03-11 Reporter: Sapa

Search Warrants No Rubber Stamp, Court Hears

 

Publication 

Sapa
BC-CONCOURT-4TH-LD-ZUMA

Issued Johannesburg
Reporter Sapa
Date

2008-03-11

 


Warrants used by the Scorpions to search the premises of French arms manufacturer Thint were flawed because they failed to state for which case they were needed, the Constitutional Court heard on Tuesday.

This was said as Jacob Zuma and Thint began a last-ditch bid to prevent key documents from being used against them.

Peter Hodes, an advocate representing Thint, said: "The warrants never indicated that the fraud and tax offences (mentioned in the warrants) were offences committed by Zuma.

"There has to be limits of what is covered by the warrants. A case needed to be made out in the affidavit to (Judge Bernard) Ngoepe."

The state had had the benefit of a "general ransack persuant to a defective search warrant".

Hodes said the June 2005 warrants had told the investigators searching Thint premises that "you go and look. If you find anything you like, good luck to you *1."

However, Justice Zak Yacoob questioned whether the fact that the warrants referred explicitly to convicted Durban business Schabir Shaik did not make it clear to the searcher what was being searched for.

"You don't need much imagination to work out what was wanted," said Yacoob.

"There was no case made out for the warrants. We contend that it (the search warrants) would be unlawful," said Hodes.

Hodes pointed out that search warrants "were no mere formality" to be "rubber stamped" by a judge.

"There is no statute that says what should be in the warrant," Hodes said.

The only legal reference he had seen governing the content of a search warrant was an old Orange Free State ordinance from the 1800s.

"It is necessary to emphasise the fact that there was a divided (Supreme) court," adding, that implied that there was a reasonable prospect of success on appealing the Supreme Court of Appeal's November 8 decision to uphold the 2005 search and seizure raids.

Zuma's legal team was expected to argue that his constitutional rights were violated by the Scorpions raids.

The raids at properties belonging to Zuma in Gauteng and KwaZulu-Natal, Hulley's Durban office on August 18, 2005 and Thint's offices, were carried out two months after judge Hilary Squires convicted Shaik on two counts of corruption and one count of fraud in the Durban High Court.

The corruption charges related to Shaik's attempt to solicit a R500 000 a year bribe from French arms manufacturing giant Thales International (formerly Thomson CSF) for Zuma.

The hearing continues.

With acknowledgements to Sapa.



*1       And good luck to you too.

The straw is clutched very tightly for that is all there is.

Thales's is a a post facto fallacy made up after the searches.

Everyone else knew what was being searched for, except Thales - 2 years after the searches.