- The Mpumalanga High Court ruled that the police raid on Boomtown Internet Café was unlawful, finding the search warrant defective and invalid.
- The court ordered the immediate return of all items seized during the raid and instructed the police to pay the café’s legal costs.
- Judge Mangena emphasised the importance of lawful procedure, stating that vague or incorrect warrants undermine both police work and public trust in the justice system.
The Mpumalanga High Court in Mbombela has ordered the Lydenburg police to immediately return all items seized from Boomtown Internet Café, after finding that the search warrant used in the August raid was defective and invalid.
Judge A Mangena ruling that the warrant lacked the necessary legal detail and therefore had no force or effect. The court also ordered the police to pay the café’s legal costs, marking a significant win for the business, which argued the raid was both unjustified and damaging.
The police conducted the raid on 15 August 2025, searching the Lydenburg premises based on allegations of illegal gambling. Officers confiscated various items believed to be linked to gambling and recorded them for safekeeping. However, Boomtown’s owners insisted that no illegal activity had taken place and that the warrant authorising the search was unlawful. They claimed the raid caused reputational and financial harm to their business.
Court dismisses police objections
The Minister of Police and the Lydenburg station commander opposed the application, raising preliminary objections including a lack of urgency and ongoing criminal investigations. Judge Mangena dismissed all objections, confirming that proceedings to recover unlawfully seized property are urgent by nature, and that ongoing investigations do not allow unlawful conduct to go unchecked. The court further found that the Mpumalanga Gambling Authority did not need to be joined in the proceedings.
Warrant declared defective
Central to the ruling was the inadequacy of the search warrant, which only referenced “illegal gambling” without specifying any statutory offence, Act, or section. Judge Mangena cited the Supreme Court of Appeal’s warning that search warrants confer “awesome powers” and must be issued with precision and care. The failure to specify the law allegedly being contravened rendered the warrant defective and invalid.
The judge emphasised that police are required to act within the boundaries of the law. Errors or omissions in warrants undermine the work of law enforcement and erode public trust in the justice system.
As a result, the court found the search and seizure operation unlawful and ordered the immediate return of the confiscated items to Boomtown Internet Café at its Lydenburg address.
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