Cape Town -
The Western Cape High Court has handed down an order preventing the police from executing a search-and-seizure warrant – pending the final outcome of a continuous legal battle over the lawfulness of the warrant – for items relating to its investigation of Auction Alliance.
On August 7, 2012, the Hawks descended on the auctioneer’s premises in a countrywide operation, during which they seized a number of items.
This gave rise to a complex court wrangle.
Among the court orders and judgments that have been handed down in relation to the warrants was an order by agreement between the parties in August 2012, declaring several warrants invalid.
The seized items were handed to Auction Alliance’s attorneys, to be preserved until the police could make a fresh application for a search warrant.
On May 2 this year, a magistrate issued the police with a new warrant.
However, Auction Alliance approached the high court for a judicial review of the magistrate’s decision to issue the warrant.
A judge dismissed the review application on October 7 and later also refused leave to appeal this decision.
Auction Alliance then petitioned the Supreme Court of Appeal for leave to appeal a few weeks ago.
In a judgment handed down on December 3, Acting Judge John Riley said the crucial matter for him to determine was whether the police could, in terms of an earlier court order, still execute the search warrant, given that the lawfulness of the warrant had not yet been finally determined. It was still under appeal.
He wrote in his judgment: “I am mindful about the averment that the applicants (Auction Alliance and its former chief executive, Rael Levitt) have over a period of time impeded the investigation by the SAPS by preventing it from executing the search warrant.
“The applicants are, however, entitled to enforce whatever rights they have in terms of the law and the constitution.
“If I weigh up the prejudice which may be suffered, by either of the parties, I am satisfied that should the SAPS be allowed to execute the warrant and access the information in circumstances where the warrant may ultimately be set aside, the SAPS would be given an unfair and unreasonable advantage over the applicants.”
As part of his order, Judge Riley declared that on a proper interpretation of the earlier court order from August 2012, the police may not execute the warrant issued on May 2, pending the final determination of the review application, including “the final determination of any appeal processes”.
Auction Alliance and Levitt are being investigated, along with others, for a wide range of suspected criminal offences, including fraud.
The investigation into the auction house’s affairs began following reports of businesswoman Wendy Appelbaum’s complaints about the alleged use of a ghost bidder during the auctioning of the Quoin Rock wine estate.
Cape Times