A Western Cape man accused of dealing in cannabis has scored a minor victory, thanks to a magistrate’s failure to issue a comprehensible search warrant.
Police raided Gansbaai resident Simon Oosthuizen’s home in May — on the same day magistrate LP Le Roux issued the search warrant. They seized an iPhone and Apple laptop, a tablet device, about 2kg of loose cannabis, five small cannabis trees, four 5-litre plastic containers of glycerine, a 25-litre container of glycerine, 14 25-litre plastic cans containing ethanol and three 25-litre and four 5-litre plastic containers “containing liquid which is possible cannabis plant material and ethanol”.
Oosthuizen was then arrested “on a charge of dealing in cannabis, alternatively possession of cannabis”.
In July, Oosthuizen challenged the legality of the search warrant in the high court in Cape Town. He cited Le Roux, police minister and captains Christiaan Rossouw and Danie Rautenbach as respondents. On Thursday, acting judge Michelle Norton set the search warrant aside.