ENCOURAGECHANGE.: February 2012

ENCOURAGECHANGE.: February 2012: Chief Justice Susan Denham said. The person authorising a search warrant is required to be able to assess the conflicting interests of the State and the person whose home is to be searched, the judge said. In this case, the detective superintendent was not independent, she added. Article 40.5 of the Constitution expressly provides that one’s home is inviolable and shall not be forcibly entered except in accordance with the law, she said. This meant entry had to be effected “without stooping to methods which ignore the fundamental norms” of the legal order as contained in the Constitution.?