THE minister of police has asked the Constitutional Court to confirm a court order which declared that a law providing for warrantless searches was constitutionally invalid.The minister made this application following an order of the Western Cape High Court in December last year that sections 11(1)(a) and (g) of the Drugs and Drug Trafficking Act are invalid.The minister approached the Constitutional Court as it is the only court which has a power to confirm the constitutional invalidity of any legislation.The court has reserved judgment.Grace Kunjana’s is a case in point. Her two homes in Cape Town were searched by police in 2011 after police received a tip-off that there were drugs on one of the premises.Police seized drugs‚ including 380kg of mandrax tablets and R1.8m in cash‚ without obtaining a warrant from the court.The state later obtained a court order whereby the cash and Ms Kunjana’s vehicle were declared forfeit to the state as proceeds of crime.The woman is currently fac...
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