Scorpions had no warrant in Durban home raid

Published Aug 24, 2005

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Although the Scorpions secured warrants for 21 of the premises they searched in their quest for evidence of corruption and fraud against former deputy president Jacob Zuma last Thursday, they apparently produced no warrant when they searched the home of Anwar Khan in Bayview, Chatsworth, that night.

Khan is the father-in-law of Erwin Ullbricht, a known associate of Zuma. Ullbricht, a self-employed business consultant, is listed by Zuma in parliament's register of members' interests as having paid for a lavish party in the latter's honour which was held at a Durban hotel a few years ago.

Khan, 61, said the Scorpions said they wanted to search the house for an "important document regarding Zuma".

"They searched everywhere... but they didn't find anything.

"I asked them what they were looking for and they said someone had called and told them that my son-in-law had dropped off a document regarding Zuma."

No search warrant was produced and it never occurred to him to ask for one. He consented to the search because he had nothing to hide.

Ullbricht's attorney, Keith Mothilall, said Zuma and his client were friends.

Ullbricht had been living in Khan's house. He asked for a warrant and was told that, in terms of Section 29 of the National Prosecuting Authority Act, one did not have to be produced.

"I asked them to wait until my lawyer got there, but they started searching anyway, saying the owner (Khan) had consented to the search," said Ullbricht.

He said the Scorpions took some handwritten documents and a tender document belonging to his father, but which was in his possession at the time.

The Scorpions also asked to search Ullbricht's Bluff home but did not do so when Mothilall asked for a warrant.

"The experience was embarrassing for my parents-in-law who are respected in their community. They (the Scorpions) could have handled the matter more sensitively," said Ullbricht.

The family was herded into one room and ordered not to make or receive any calls.

Mothilall said the Scorpions said they were acting on a tip and had information in an affidavit which led them to Khan's house.

He said the Scorpions claimed the affidavit stated that Ullbricht had collected documents from his house on the Bluff and then hidden them in Khan's house.

"They claimed they were authorised in terms of legislation to seize any documentation in the house or in the car," he said.

According to the Act, the Scorpions can enter premises and search and seize without a warrant if the owner consents. They can also enter premises without a warrant if a delay in obtaining the warrant would defeat the object of the search.

Mothilall said the Scorpions had promised to forward a copy of the affidavit, but he had not received it.

"We are going to give them 48 hours within which to deliver the original affidavit and we want to know who the informant was.

"If they do not give us the affidavit, I will bring an application in the high court compelling them to deliver the information that we seek," he said.

Scorpions spokesperson Makhosini Nkosi said he was not in a position to confirm or deny the raid had taken place, with or without a warrant, despite being given three days to do so.

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