Malherbe v S (1182/2018) [2019] ZASCA 169 (29 November 2019)

Search warrant in terms of s 21(1)(a) of the Criminal Procedure Act 51
of 1977 – must be issued on the basis of information on oath – statement on basis of
which warrant issued not sworn – warrant invalid – items seized under warrant
inadmissible – admissions made after warrant ruled to be valid – such compelled by
the decision that the warrant was valid – breach of fair trial rights in terms of s 35 of
the Constitution.