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South Africa Judgment

South Gauteng High Court, Johannesburg

Dhoda and Others v Minister of Police and Others (2025/006880) [2025] ZAGPJHC 57 (30 January 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the applicants failed to establish urgency. Their submissions regarding the need for the return of items were vague, and they did not demonstrate that they could not obtain substantial redress at a later stage. There was no evidence that replacement items could not be obtained or that their information was not backed up. Accordingly, the application was struck off the roll with costs reserved.

Court disposition

Application struck off the roll with costs reserved.

Orders

  • The application is struck off the roll.
  • Costs are reserved.

02

Material facts

Parties

Rooksana Dhoda

Applicant Counsel: Adv Deon M Pool

Mohamed Alli Dawood

Applicant Counsel: Adv Deon M Pool

Hafil Dawood

Applicant Counsel: Adv Deon M Pool

Minister of Police

Respondent Counsel: Adv T Matswiki

Directorate for Priority Crime Investigation (The Hawks)

Respondent Counsel: Adv T Matswiki

Warrant Officer Amos Bashiele Mahlangu

Respondent Counsel: Adv T Matswiki

The Magistrate: Randburg

Respondent

Minister of Justice and Constitutional Development

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Application for Urgent Relief

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants allege that the search and seizure conducted on 16 January 2025 was unlawful and seek the urgent return of laptops, cell phones, and sim cards. They claim the items are necessary for their businesses and request that any information obtained be destroyed. They do not provide details on whether they have been able to replace the items or if their information was backed up.
Respondent
The first to third respondents oppose the application and have filed an answering affidavit. The fourth and fifth respondents, the Magistrate and the Minister of Justice and Constitutional Development, abide by the court's decision.

05

Court’s reasoning

  1. 01

    Rule 6(12) of the Uniform Rules of Court

    Urgency must be established with clear facts showing that the applicant cannot obtain substantial redress at a later hearing.

  2. 02

    Minister of Law and Order v Matshoba 1987 (1) SA 616 (A)

    A party seeking the return of seized property must demonstrate the unlawfulness of the search and seizure and the necessity for immediate relief.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicants failed to establish urgency. Their submissions regarding the need for the return of items were vague, and they did not demonstrate that they could not obtain substantial redress at a later stage. There was no evidence that replacement items could not be obtained or that their information was not backed up. Accordingly, the application was struck off the roll with costs reserved.

Obiter and limits

  • Applicants should provide specific facts to support claims of urgency, especially when seeking extraordinary relief.
  • The mere assertion of business inconvenience does not suffice to establish urgency in the absence of supporting evidence.

Court disposition

Application struck off the roll with costs reserved.

  • The application is struck off the roll.
  • Costs are reserved.

Source and reliance status

South Gauteng High Court, Johannesburg

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2025] ZAGPJHC 57

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

JOHANNESBURG

CASE NO: 2025/006880

1. Reportable: No

2. Of interest to other judges: No

3. Revised

30 January 2025

ROOKSANA

DHODA

First Applicant

MOHAMED ALLI

DAWOOD

Second Applicant

HAFIL

DAWOOD

Third Applicant

and

MINISTER OF

POLICE

First Respondent

DIRECTORATE FOR

PRIORITY CRIME

Second Respondent

INVESTIGATION (“THE HAWKS”)

WARRANT OFFICER AMOS BASHIELE MAHLANGU Third Respondent

THE MAGISTRATE:

RANDBURG

Fourth Respondent

MAGISTRATES COURT

MINISTER OF JUSTICE

AND CONSTITUTIONAL Fifth Respondent

DEVELOPMENT

JUDGMENT

WRIGHT J

1. The applicants seek urgently the return of certain items like laptops, cell phones and sim cards. They say that they were, on 16 January 2025, the subject of an unlawful raid, search and seizure. They say, somewhat vaguely, that they need their items urgently to conduct their businesses. They seek that information allegedly obtained illegally be destroyed. Related relief is sought.

2. The first applicant runs a catering operation and the second applicant sells cars and is selling a property.

3. The applicants don’t say that they have not been able to obtain other replacement items. They do not say that their information was not backed up.

4. The 1st to 3rd respondents, namely the Minister of Police, The Directorate for Priority Crime Investigation and Warrant Officer Mahlangu oppose.

5. They have delivered an answering affidavit.

6. The 4th and 5th respondents, namely the Magistrate and the Minister of Justice and Constitutional Development abide.

7. In my view, no case for urgency is made out.

ORDER

1. Struck off, with costs reserved.

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD : 30 January 2025

DELIVERED : 30 January 2025

APPEARANCES:

Applicants Adv Deon M Pool

082 515 5725

deon@lawconsult.co.za

Instructed byHajibey BMS Inc

Shaheen@jlaw.co.za

011 431 1970

Respondents Adv T Matswiki

Instructed by State Attorney

Mr C Jossie

Cjossie@justice.gov.za

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Minister of Law and Order v Matshoba 1987 (1) SA 616 (A)

Case cited

Rule 6(12) of the Uniform Rules of Court

Legislation

Legislation referenced in the available case record.

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