OMJ Projects (Pty) Ltd and Another v Minister of Police and Others (6240/2020) [2020] ZALMPPHC 86 (21 October 2020)

OMJ Projects (Pty) Ltd and Another v Minister of Police and Others (6240/2020) [2020] ZALMPPHC 86 (21 October 2020)

The court found that while the police had reasonable grounds to believe the trucks and trailers were involved in the commission of an offence and that a warrant would have been issued if applied for, they failed to satisfy the requirement that delay in obtaining a warrant would have defeated the object of the search. The time lapse between the initial seizure and the actual removal of the vehicles provided ample opportunity to obtain a warrant, and no explanation was offered for the failure to do so. As both requirements of Section 22(b) of the Criminal Procedure Act must be met for a warrantless seizure to be lawful, the police's actions in removing the trucks and trailers without a...

Citation
[2020] ZALMPPHC 86
Parties
Applicant: OMJ Projects (Pty) Ltd; Applicant: Baobao Projects CC; Respondent: Minister of Police; Respondent: Northam Platinum Mine; Respondent: National Platinum Limited
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
21 October 2020
Case Number
6240/2020
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted in favour of the applicants, with restoration of possession subject to conditions.
Judges
M Naude
Legal Topics
Mandament Van Spolie, Warrantless Search and Seizure, Criminal Procedure Act Section 20 and 22, Possessory Rights, Restoration of Possession
Civil Procedure Criminal Law Mandament Van Spolie Warrantless Search and Seizure Criminal Procedure Act Section 20 and 22 Possessory Rights Restoration of Possession

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Parties

OMJ Projects (Pty) Ltd

Applicant

Baobao Projects CC

Applicant

Minister of Police

Respondent

Northam Platinum Mine

Respondent

National Platinum Limited

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the police lawfully seized and retained the applicants' trucks and trailers without a warrant.
  2. 2 Whether the applicants are entitled to restoration of possession under the mandament van spolie.
  3. 3 Whether the urgency of the application is justified.

Ratio Decidendi

The court found that while the police had reasonable grounds to believe the trucks and trailers were involved in the commission of an offence and that a warrant would have been issued if applied for, they failed to satisfy the requirement that delay in obtaining a warrant would have defeated the object of the search. The time lapse between the initial seizure and the actual removal of the vehicles provided ample opportunity to obtain a warrant, and no explanation was offered for the failure to do so. As both requirements of Section 22(b) of the Criminal Procedure Act must be met for a warrantless seizure to be lawful, the police's actions in removing the trucks and trailers without a...

Court Disposition

Application granted in favour of the applicants, with restoration of possession subject to conditions.

Orders

  • The First and Second Applicants are restored to possession of the trucks and trailers as detailed in the Notice of Motion.
  • The First and Second Applicants are interdicted and restrained from disposing of, altering, or tampering with the trucks and trailers pending finalization of criminal proceedings.