Constitutional validity of the search and seizure and related provisions of the exchange control regulations

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Periodical article

Title:	Constitutional validity of the search and seizure and related provisions of the exchange control regulations
Author:	Itzikowitz, Angela
Year:	1995
Periodical:	South African Journal on Human Rights
Volume:	11
Issue:	2
Pages:	281-302
Language:	English
Geographic term:	South Africa
Subjects:	constitutions 1993 human rights foreign exchange
External link:	https://doi.org/10.1080/02587203.1995.11827565
Abstract:	The author considers whether certain provisions contained in the Currency and Exchanges Act (Act 9 of 1933) and regs 19 and 22A-D of the Exchange Control Regulations (published under s 9(i) of the Currency and Exchanges Act) are in conflict with the interim Constitution (Act 200 of 1993) of South Africa. The provisions deal with search and seizure, deprivation and forfeiture of property, and powers of interrogation. The author emphasizes that she is not arguing for the abolition of exchange control. It is the investigative and enforcement measures provided for by the regulations, rather than the objectives which are at issue here. She argues that the exchange control regulations violate s 13, the right to privacy, s 28, the right to property, read with s 24, the right to administrative justice and the right to a fair trial in s 25(3). Notes, ref.