declaring section 13 of the South African Police Service Act unconstitutional in a victory for residents of derelict buildings in inner Johannesburg who endured humiliating warrantless raids apparently aimed at flushing out illegal foreigners.
The court hence concurred with a ruling In July last year, by a full bench of the high court in Johannesburg, that declared warrantless searches of private homes and their inhabitants unconstitutional and gave parliament two years to remedy section 13. “It is furthermore deficient in failing to guide police officers as to the manner in which searches of private homes and those present in them should be conducted.”
The organisation had approached the court on behalf of some 2 852 people inhabiting 11 abandoned buildings in downtown Johannesburg. These included Rosano Modes, Wellington Court, Remington Court, Erven 87 and 88 in Berea and four properties in Davies Street. The high court noted that section 13 did not differentiate between the types of premises that may be searched, and its language was “so sweeping” that it permits warrantless searches by members of the police into private homes and rifling through intimate possessions.
As it happened, the searches were conducted in a manner that humiliated the inhabitants, and seemed designed to encourage them to vacate the premises. Doors were broken down, inhabitants were fingerprinted and those who could not produce documentation showing that they were lawfully resident in South Africa were arrested.
What were the people who drafted this rubbish in 94 thinking? Then we don’t have a country. The people occupying those buildings have no authority. So the constitution covers them and the owners can’t claim their properties.
Laws are meaningless when the people enforcing those laws are the perpetrators
This is hogwash judgement like many others that the con court has made. Let's stop glorifying gabage rullings.
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So what the court is saying is that forefiners can do as the please in south Africa,because most of hijacked buildings are taken by foreigners.
They should raid the inner City if there are illegal immigrants there they should be targeted nothing wrong with that or is it illegal in South Africa meaning something else? Deport anything illegal.
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