Question NW1375 to the Minister of Justice and Correctional Services
06 June 2017 - NW1375
Horn, Mr W to ask the Minister of Justice and Correctional Services
Whether any steps were taken against a certain person (name and details furnished) for granting an application for cellphone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, in the British American Tobacco South Africa matter, without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details; 2) whether any steps were taken against the prosecutor in the specified matter for authorising access to cellphone data without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details?
Reply:
1. No. I have been informed that the Magistrates Commission has not received any formal complaint against Magistrate HJ Venter.
2. No steps were considered necessary, as the prosecutor was not deemed to have breached any guidelines or legal prescripts. Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.