Cape Town - The SA Institute of Professional Accountants (Saipa) has reservations on the provision for warrantless searches in the Financial Intelligence Centre Amendment (FICA) bill.
"There are definite circumstances where offenders may leverage delays in obtaining a search warrant to tamper with or destroy crucial evidence. Rather, our concerns relate to the lack of specificity about the conditions under which warrantless searches can be executed,” according to Ayanda Mabida, company secretary at Saipa.
Although a court may rectify any infringement after the fact, Mabida is adamant that it remains that a person’s constitutional rights would already have been violated. On principle, no law should be passed that would permit this eventuality.