Impediments during the compilation of a search and seizure warrant for digital information by forensic investigators in South Africa
| Date | 06 July 2023 |
| Pages | 476-488 |
| DOI | https://doi.org/10.1108/JFC-05-2023-0106 |
| Published date | 06 July 2023 |
| Author | Jacobus Gerhardus J. Nortje,Daniel Christoffel Myburgh |
Impediments during the
compilation of a search and
seizure warrant for digital
information by forensic
investigators in South Africa
Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh
School of Accounting, North-West University, Potchefstroom, South Africa
Abstract
Purpose –The purpose of this paper is to identify and discuss impediments in the compilation of an
application for a searchand seizure warrant for digital evidence and the structure of such a warrant in South
African criminalcases.
Design/methodology/approach –This paper provides a brief overview of international and local
impediments, followed by a detailed discussion of the implications of these impediments and how it is
approachedin various jurisdictions. The methodologyof this paper consists of a literature review.
Findings –Addressing the impediments in the compilation of the application and the warrant will be
beneficial for forensicinvestigators, the South African Police Service (SAPS) and the administrationof justice
in South Africa.
Research limitations/implications –Search and seizures for digital evidence form part of civil,
regulatory and criminalsearch and seizures. This study focuses on the search and seizure of digital evidence
in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the
CybercrimesAct 19 of 2020.
Originality/value –The originality of this paper lies in the approach to thedrafting of applications for
search and seizure warrantsfor digital information in South Africa. The contribution of the studyis that, by
using this approach, the SAPS can address the impedimentsduring the application and compilation of the
warrants, which would enhance the quality of investigations and contribute to the successful investigation
and prosecutionof crime in South Africa.
Keywords Search and seizure warrant, Application, Digital information, Authorising officers,
Privilege information, Digital evidence
Paper type Literature review
1. Introduction
This is the first of two articles consisting of a literaturereview into impediments during the
application, compilation (first article) and execution (second article) of a search and seizure
warrant for digital informationin South Africa (SA).
© Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh. Published by Emerald Publishing
Limited. This article is published under the Creative Commons Attribution (CC BY 4.0) license.
Anyone may reproduce, distribute, translate and create derivative works of this article (for both
commercial and non-commercial purposes), subject to full attribution to the original publication and
authors. The full terms of this license may be seen at http://creativecommons.org/licences/by/4.0/
legalcode
JFC
31,3
476
Journalof Financial Crime
Vol.31 No. 3, 2024
pp. 476-488
EmeraldPublishing Limited
1359-0790
DOI 10.1108/JFC-05-2023-0106
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1359-0790.htm
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