Buys and Others v Minister of Police and Another (2339/2016) [2017] ZANCHC 53 (23 June 2017)

Buys and Others v Minister of Police and Another (2339/2016) [2017] ZANCHC 53 (23 June 2017)

The court found that the applicants had reasonable prospects of success on appeal regarding certain grounds, specifically those relating to the respondent's discharge of the onus for seizure and the application of section 31 of the Criminal Procedure Act. The applicants' arguments on these grounds were supported by relevant case law and statutory provisions. However, the court determined that other grounds, including those concerning the Asset Forfeiture Unit, the existence of the Head of Hawks, and the cost order, did not present reasonable prospects of success, as they were either based on subjective feelings or misconstrued the original judgment. The application for leave to appeal was...

Citation
[2017] ZANCHC 53
Parties
Applicant: Charles Buys; Applicant: Andries Buys; Applicant: Conrad Buys; Applicant: Gordon Buys; Applicant: Louis Mossel; Respondent: Minister of Police; Respondent: Head of Hawks, SA Police Service
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
23 June 2017
Case Number
2339/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Leave to appeal granted in part; dismissed in part.
Judges
Snyders
Legal Topics
Search and Seizure, Onus of Proof, Leave to Appeal, Costs Order, Criminal Procedure Act Section 31
Criminal Law Civil Procedure Search and Seizure Onus of Proof Leave to Appeal Costs Order Criminal Procedure Act Section 31

Case Brief

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Parties

Charles Buys

Applicant

Andries Buys

Applicant

Conrad Buys

Applicant

Gordon Buys

Applicant

Louis Mossel

Applicant

Minister of Police

Respondent

Head of Hawks, SA Police Service

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their application.
  2. 2 Whether the respondents discharged the onus of proving reasonable grounds for the seizure of items.
  3. 3 Whether the applicants made out a case under section 31 of the Criminal Procedure Act.

Ratio Decidendi

The court found that the applicants had reasonable prospects of success on appeal regarding certain grounds, specifically those relating to the respondent's discharge of the onus for seizure and the application of section 31 of the Criminal Procedure Act. The applicants' arguments on these grounds were supported by relevant case law and statutory provisions. However, the court determined that other grounds, including those concerning the Asset Forfeiture Unit, the existence of the Head of Hawks, and the cost order, did not present reasonable prospects of success, as they were either based on subjective feelings or misconstrued the original judgment. The application for leave to appeal was...

Court Disposition

Leave to appeal granted in part; dismissed in part.

Orders

  • Applicants are granted leave to appeal on the grounds set out as 9.1, 9.2, 9.3, 9.5, 9.6 and 9.7 in the affidavit of Charles Buys deposed to on 6 May 2017.
  • The application for leave to appeal on the grounds set out as 9.4, 9.8 and 9.9 in the affidavit of Charles Buys deposed to on 6 May 2017 is dismissed.