Waverly contest search and seizure warrant

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Court Reporter

Waverly Blankets (Pvt) Ltd has approached the High Court seeking the setting aside of a warrant of search and seizure  issued to them last month.

According to the founding affidavit deposed by Waverly Blankets managing director Aron Vico  on June 26, a warrant of search and seizure  was issued by Provincial Magistrate J. Taruvinga in terms of Anti-Corruption Commission(ZACC)  Act.

ZAAC and one Guta an official of ZACC are cited as first and second respondents in the matter.

Acting on the strength of the granted order Guta approached Waverly on July 3 demanding that the company avail to him certain documents specified in the warrant.

However, the warrant was contested and said be to invalid for various reasons.

“I am advised that the warrant referred to herein is valid and ought to be set aside for the following reasons. The place or premises at which the purported warrant ought to be executed has not been stated with sufficient precision such as to avoid the entrance into the premises in circumstances  that might violate the applicant’s right to privacy,” reads the application.

Vico added that apart from a generalised reference to an offence of fraud having been committed, the warrant  does not specify  the alleged offender.

He said the documents sought to be seized were never specified and there was no indication if the documents were connected with the offence in question.

Vico said the issues relating to the allegations were made by Amanda Berkowitz and Belynda Halfon and are currently the subject of pending High Court litigation case number HC5040/19 and no other purpose is ought to be achieved by the aforesaid allegations except to harass and vex the individuals  cited as the alleged perpetrators.

The matter is still pending.

 

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