Extra Dimension v Kruger

In Extra Dimension v Kruger, an important case in South African criminal procedure, the second applicant was employed by Kogiso Khulani Supervision Services (KKS). During March 2000, he wished to resign when it came to his attention that there were allegations of fraud against him. He withheld his resignation and resigned only in August 2001.

During May 2002, he bought the membership interest in Extra Dimensions, after which he was requested by the investigating officer to go to him so that a warning statement could be taken from him, but his attorney told him that there was no need.

The second applicant's attorney thereafter telephoned the regional prosecutor. She was also of the opinion that there was not sufficient evidence to initiate a criminal prosecution. She said that she would withdraw the charges and send a motivated memorandum to the DPP.

While she was under the impression that certain documentation had to be obtained, the second respondent's officials got hold of the docket and obtained a search warrant.

On June 18, 2002, members of the second respondent and the third respondent seized certain items on the second applicant's premises in terms of the warrant, annexure to the papers. This happened in the absence of the second applicant, who became aware of the seizure at 15:00 the same day, when he arrived at his premises.

The court held that a warrant authorizing private individuals to search premises is clearly ultra vires sections 20 and 21 of the CPA, as warrants must be executed by police officials.

Notes