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2025
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[2025] ZAGPJHC 57
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Dhoda and Others v Minister of Police and Others (2025/006880) [2025] ZAGPJHC 57 (30 January 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2025/006880
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
30
January 2025
ROOKSANA
DHODA
First Applicant
MOHAMED ALLI
DAWOOD
Second Applicant
HAFIL
DAWOOD
Third Applicant
and
MINISTER OF
POLICE
First Respondent
DIRECTORATE FOR
PRIORITY CRIME
Second Respondent
INVESTIGATION (“THE
HAWKS”)
WARRANT OFFICER AMOS
BASHIELE MAHLANGU Third
Respondent
THE MAGISTRATE:
RANDBURG
Fourth Respondent
MAGISTRATES COURT
MINISTER OF JUSTICE
AND CONSTITUTIONAL
Fifth
Respondent
DEVELOPMENT
JUDGMENT
WRIGHT J
1.
The
applicants seek urgently the return of certain items like laptops,
cell phones and sim cards. They say that they were, on 16
January
2025, the subject of an unlawful raid, search and seizure. They say,
somewhat vaguely, that they need their items urgently
to conduct
their businesses. They seek that information allegedly obtained
illegally be destroyed. Related relief is sought.
2.
The
first applicant runs a catering operation and the second applicant
sells cars and is selling a property.
3.
The
applicants don’t say that they have not been able to obtain
other replacement items. They do not say that their information
was
not backed up.
4.
The
1
st
to 3
rd
respondents, namely the Minister of Police, The Directorate for
Priority Crime Investigation and Warrant Officer Mahlangu oppose.
5.
They
have delivered an answering affidavit.
6.
The
4
th
and 5
th
respondents, namely the Magistrate and the Minister of Justice and
Constitutional Development abide.
7.
In
my view, no case for urgency is made out.
ORDER
1.
Struck off, with costs reserved.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
: 30 January 2025
DELIVERED
: 30 January 2025
APPEARANCES:
Applicants
Adv Deon M Pool
082
515 5725
deon@lawconsult.co.za
Instructed
byHajibey BMS Inc
Shaheen@jlaw.co.za
011 431
1970
Respondents
Adv T Matswiki
Instructed
by State Attorney
Mr
C Jossie
Cjossie@justice.gov.za