South Africa Casino News Source: http://www.iol.co.za
June 08 2006 at 03:21PM
The Constitutional Court ruled on Thursday that a search of a North West province casino without a warrant under the province's gambling laws was unconstitutional.
The North West Gambling Act of 2001 governs the regulation of gambling in the province and establishes and empowers the North West Gambling Board.
Section 65 of the Act lists the powers and functions of the board's inspectors.
According to the judgment, following a report from an inspector that allegedly illegal gambling was taking place at the Las Vegas Gold in Lichtenburg, an undercover operation was arranged, using "trap" money to gamble with. After this visit, the board's inspectors and the police raided the establishment.
Inspectors knew the premises were unlicensed
They did not seek a warrant to enter, search or seize property from the establishment and conducted the raid under Section 65 of the Act which allows for inspections, examinations of equipment, to ask for a licence and to question people on the premises.
The applicant, Isaac Metsing Magajane, the manager of the premises, could not produce a licence and was subsequently arrested with another three people, and the authorities seized money and machines.
Magajane took the matter to the Mmabatho High Court on the grounds that the action was unconstitutional.
He argued that the inspector had exceeded his powers by "raiding" the premises, rather than inspecting them, and by seizing money from a safe, and by seizing equipment.
He also raised the constitutional matter of his right to privacy, and said that he was not warned that information he gave might be used against him.
The matter eventually reached the Constitutional Court which noted that a warrant was not a "mere formality" but a tried and tested way of protecting an individual against the power of the State, ensuring that police cannot enter private homes and businesses upon a whim, or to terrorise.
The Constitutional Court found that after the undercover operation, the inspectors knew the premises were unlicensed.
The court said it was startling that Section 65 allowed for warrantless searches of unlicensed premises, but needed an administrative warrant to search licensed premises.
The judgment said that the provisions for searching unlicensed premises could not be deemed reasonable and justifiable.
"Section 65 should require inspectors to obtain warrants before searching unlicensed premises."
A neutral officer would weigh the State's justification for the inspection and would stipulate the time, place and scope for the search.
The court found that Sections 65 1 and 2 are unconstitutional and invalid.
The judgment said the provincial legislature might want to think of a suitable replacement. - Sapa |
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