In the matter of Smit & Maritz Attorneys and Another v Lourens NO and Others 2002 (1) SACR
152 (WLD), the court a quo found that representatives of a forensic audit firm were not
authorised in terms of search warrants to either be present or to be involved in the execution
of searches. Taking the mentioned case into consideration, may a private investigator be
present or be involved in the execution of a search warrant by the South African Police Service
(SAPS)? Discuss the above-mentioned case and conclude whether a private investigator may
or may not be present during a SAPS search when a search warrant is executed. Include in
your answer what a private investigator is.
