POL3702
Assignment 2 Semester 2 2026
Unique number:
Due date: 10 September 2026
Section 20 Seizure, Section 205 Orders and Organisational Culture
1.1 Articles that may be seized under section 20
Introduction
Section 20 of the Criminal Procedure Act 51 of 1977 identifies the kinds of property
that may lawfully be seized during a criminal investigation. The power is important
because police often need physical objects, documents or money to connect a
suspect with an offence or preserve evidence for court. At the same time, seizure
interferes with possession and privacy, so police powers must remain within the
limits created by legislation and the Constitution. The section therefore balances
effective investigation with protection against unnecessary interference, while
section 22 explains limited situations in which a search may take place without a
, Section 20 Seizure, Section 205 Orders and Organisational Culture
1.1 Articles that may be seized under section 20
Introduction
Section 20 of the Criminal Procedure Act 51 of 1977 identifies the kinds of property
that may lawfully be seized during a criminal investigation. The power is important
because police often need physical objects, documents or money to connect a
suspect with an offence or preserve evidence for court. At the same time, seizure
interferes with possession and privacy, so police powers must remain within the
limits created by legislation and the Constitution. The section therefore balances
effective investigation with protection against unnecessary interference, while section
22 explains limited situations in which a search may take place without a warrant
(Criminal Procedure Act 51 of 1977, ss 20 and 22; POL3702, 2021:18–19).
Meaning of articles in section 20
In the context of section 20, an article is understood widely and may include almost
any physical thing that is relevant to an investigation, including money, documents
and recorded material. This broad meaning allows police to secure different forms of
evidence, although privileged documents may not simply be taken where the holder
has not consented to disclosure and the law protects that privilege (POL3702,
2021:18).
Articles concerned in the commission of an offence
The first category covers anything that is connected with, or reasonably believed to
be connected with, the commission or suspected commission of an offence in South
Africa or elsewhere. The connection does not require the article itself to be illegal
because an ordinary object may become important through the way it was used
during the offence. For example, clothing, a vehicle, a mobile device or money may
fall within this category where reasonable grounds link the object to the criminal
conduct being investigated. In my view, the reasonable grounds requirement is
important because it prevents police from treating mere suspicion as enough reason
to seize unrelated property (Criminal Procedure Act 51 of 1977, s 20(a); POL3702,
Assignment 2 Semester 2 2026
Unique number:
Due date: 10 September 2026
Section 20 Seizure, Section 205 Orders and Organisational Culture
1.1 Articles that may be seized under section 20
Introduction
Section 20 of the Criminal Procedure Act 51 of 1977 identifies the kinds of property
that may lawfully be seized during a criminal investigation. The power is important
because police often need physical objects, documents or money to connect a
suspect with an offence or preserve evidence for court. At the same time, seizure
interferes with possession and privacy, so police powers must remain within the
limits created by legislation and the Constitution. The section therefore balances
effective investigation with protection against unnecessary interference, while
section 22 explains limited situations in which a search may take place without a
, Section 20 Seizure, Section 205 Orders and Organisational Culture
1.1 Articles that may be seized under section 20
Introduction
Section 20 of the Criminal Procedure Act 51 of 1977 identifies the kinds of property
that may lawfully be seized during a criminal investigation. The power is important
because police often need physical objects, documents or money to connect a
suspect with an offence or preserve evidence for court. At the same time, seizure
interferes with possession and privacy, so police powers must remain within the
limits created by legislation and the Constitution. The section therefore balances
effective investigation with protection against unnecessary interference, while section
22 explains limited situations in which a search may take place without a warrant
(Criminal Procedure Act 51 of 1977, ss 20 and 22; POL3702, 2021:18–19).
Meaning of articles in section 20
In the context of section 20, an article is understood widely and may include almost
any physical thing that is relevant to an investigation, including money, documents
and recorded material. This broad meaning allows police to secure different forms of
evidence, although privileged documents may not simply be taken where the holder
has not consented to disclosure and the law protects that privilege (POL3702,
2021:18).
Articles concerned in the commission of an offence
The first category covers anything that is connected with, or reasonably believed to
be connected with, the commission or suspected commission of an offence in South
Africa or elsewhere. The connection does not require the article itself to be illegal
because an ordinary object may become important through the way it was used
during the offence. For example, clothing, a vehicle, a mobile device or money may
fall within this category where reasonable grounds link the object to the criminal
conduct being investigated. In my view, the reasonable grounds requirement is
important because it prevents police from treating mere suspicion as enough reason
to seize unrelated property (Criminal Procedure Act 51 of 1977, s 20(a); POL3702,
