Constitutionality of warrantless searches of powerful people to fight corruption

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Jacob Zuma says anti-corruption Fica Bill infringes on rights of powerful people

Treasury wants to amend FICA to fight corruption (Zuma expresses reservations)


President Jacob Zuma has returned the Fica Bill and is citing warrantless searches as one of the reasons.

What are warrantless searches?

Are they unconstitutional?

The Money Show’s Bruce Whitfield interviewed Bernard Hotz, Head of Business Crimes and Investigations at Werksmans.

Listen to the interview in the audio below for detail (and/or scroll down for quotes from it).

The object of the Act is to combat money laundering and terror financing.

Bernard Hotz, Werksmans

The Criminal Procedure Act says it may in some instances be necessary to conduct a search without warrant.

Bernard Hotz, Werksmans

An inspector may enter without a warrant if there is consent by the owner, or if the inspector on reasonable grounds believes he’ll obtain a warrant if he was to apply, but that the delay in obtaining a warrant is likely to defeat the purpose for which the inspector seeks to enter the premises.

Bernard Hotz, Werksmans

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