Minister van Veiligheid & Sekuriteit v Delport N.O and Another (212/2002) [2003] ZANCHC 41 (15 September 2003)

Minister van Veiligheid & Sekuriteit v Delport N.O and Another (212/2002) [2003] ZANCHC 41 (15 September 2003)

The magistrate's order returning the seized vehicle to the second respondent was unlawful because possession of a vehicle with tampered engine and chassis numbers is prohibited under section 68(6)(b) of the National Road Traffic Act. The second respondent's possession would constitute an offence, and the reasons...

Source-derived case information.

Citation
[2003] ZANCHC 41
Parties
Applicant: Minister van Veiligheid & Sekuriteit; Respondent: William Mark Delport N.O.; Respondent: Yvonne Selemogo
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Case Number
212/2002
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; magistrate's order set aside and replaced with forfeiture to the State.
Judges
RP Kgomo, R Majiedt
Legal Topics
Forfeiture of Property, Unlawful Possession, Review of Magistrate Order, National Road Traffic Act, Criminal Procedure Act
Criminal Law Civil Procedure Forfeiture of Property Unlawful Possession Review of Magistrate Order National Road Traffic Act Criminal Procedure Act

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Summary, issues, holding and outcome

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Parties

Minister van Veiligheid & Sekuriteit

Applicant

William Mark Delport N.O.

Respondent

Yvonne Selemogo

Respondent

Procedural Posture

Review Application / Judgment

  1. 1 Whether the magistrate's order returning the seized vehicle to the bona fide possessor was lawful.
  2. 2 Whether possession of a vehicle with tampered engine and chassis numbers constitutes unlawful possession under the National Road Traffic Act.
  3. 3 Whether the vehicle should be forfeited to the State under section 34 of the Criminal Procedure Act.

Ratio Decidendi

The magistrate's order returning the seized vehicle to the second respondent was unlawful because possession of a vehicle with tampered engine and chassis numbers is prohibited under section 68(6)(b) of the National Road Traffic Act. The second respondent's possession would constitute an offence, and the reasons advanced by the magistrate failed to consider the statutory prohibition. The relevant case law cited by the magistrate (Mdunge and Datnis Motors) was distinguishable and did not support his order. The correct application of section 34(1)(c) of the Criminal Procedure Act required forfeiture of the vehicle to the State, as no person could lawfully possess it. The court therefore set...

Court Disposition

Application for review granted; magistrate's order set aside and replaced with forfeiture to the State.

Orders

  • The magistrate's order dated 4 March 2002 in case RCO 113/2000 is reviewed and set aside.
  • It is substituted with an order declaring the white VW Golf Chico with registration number BFL 294 NC forfeited to the State.