In an affidavit, Rautenbach told Le Roux: “During the observation it was found that it appears that dagga is being cultivated in a hothouse situated on the northern side of the smallholding at the back. I took photos of the property. I also noticed that there is a structure at the back of the property which consists of an underground and a surface level. There are even stairs which provide access to the structure ... I also took photos and video of the structure.
“The principal grounds relied on by [Oosthuizen] are, first, that the objective jurisdictional facts for the issue of the warrant were not present; and second, that the warrant is vague, overbroad and not reasonably intelligible. An overarching ground relied on by [Oosthuizen] is that the magistrate failed to apply his mind properly to the issue of the warrant,” the judgment reads.
“It is regrettable that the magistrate, as an accountable decisionmaker, did not furnish this court with an explanation of how he reached his decision to issue the warrant, but it does not follow that [Oosthuizen] has therefore established that the magistrate failed to apply his mind ...
“Finally, there is the question of the articles which Capt Rossouw was authorised to seize. These included a category of articles described as: ‘All electronic equipment which include cellphones, desktop computers, laptops and iPads.' the judgment reads.
Trying too hard to hype him up.
SAPoliceService your incompetence is alarming
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