Today in the Constitutional Court Auction Alliance won a long running case against the Estate Agency Affairs Board. The Constitutional Court has now confirmed a previous order of the Western Cape High Court which declared sections of the Estate Agency Affairs Act and the Financial Intelligence Centre Act as unconstitutional and invalid. 

Auction Alliance’s legal council, Alan Smiedt said:

From the outset Auction Alliance’s contention that the search provisions in the current legislation was too wide and should not allow for warrantless searches.

Auction Alliance has always believed that the surprise warrantless search  of its offices was unlawful and unconstitutional. The Constitutional Court has now  confirmed this.

In a judgement by Justice Cameron with which all nine other judges agreed, the Constitutional Court held that the current provisions in legislation unjustifiably infringes the right to privacy and were set aside. 

Auction Alliance were  awarded the costs of all of the hearings before the Western Cape High Court Cape Town as well as the hearing before the Constitutional Court including the costs of two counsel which are to be paid by the Estate Agency Affairs Board.