Wyn Sun 666 (Pty) Ltd and Another v Minister of Police and Others (33441/21) [2021] ZAGPPHC 470 (20 July 2021)

Wyn Sun 666 (Pty) Ltd and Another v Minister of Police and Others (33441/21) [2021] ZAGPPHC 470 (20 July 2021)

The court found that the applicants were unlawfully deprived of possession of their goods by the respondents, as the seizure of items listed under paragraph 4(i)-(x) occurred without a valid warrant and was not justified under the Criminal Procedure Act. The respondents failed to provide evidence that the delay in obtaining a warrant would have defeated the object of the search, except in the case of the computers, which were lawfully seized due to the risk of evidence being destroyed. The respondents did not refute the applicants' version with credible documentary evidence and relied on bare denials. The court held that the applicants made out a case for urgent relief and ordered the...

Citation
[2021] ZAGPPHC 470
Parties
Applicant: Wyn Sun 666 (Pty) Ltd; Applicant: Ibubesi Trading (Pty) Ltd; Respondent: Minister of Police; Respondent: Warrant Officer Simon Frederik Erasmus; Respondent: Warrant Officer Wayne Brittion; Respondent: Directorate for Priority Crime Investigation Pretoria; Respondent: National Director of Public Prosecutions
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
33441/21
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted in part; respondents ordered to restore possession of specified goods to applicants and pay costs.
Judges
E van der Schyff
Legal Topics
Mandament Van Spolie, Search and Seizure, Criminal Procedure Act, Urgent Interdict, Return of Property
Civil Procedure Criminal Law Mandament Van Spolie Search and Seizure Criminal Procedure Act Urgent Interdict Return of Property

Case Brief

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Parties

Wyn Sun 666 (Pty) Ltd

Applicant

Ibubesi Trading (Pty) Ltd

Applicant

Minister of Police

Respondent

Warrant Officer Simon Frederik Erasmus

Respondent

Warrant Officer Wayne Brittion

Respondent

Directorate for Priority Crime Investigation Pretoria

Respondent

National Director of Public Prosecutions

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicants were unlawfully deprived of possession of goods by the respondents.
  2. 2 Whether the seizure of goods by the respondents was lawful under the Criminal Procedure Act.
  3. 3 Whether the application should be heard on an urgent basis.

Ratio Decidendi

The court found that the applicants were unlawfully deprived of possession of their goods by the respondents, as the seizure of items listed under paragraph 4(i)-(x) occurred without a valid warrant and was not justified under the Criminal Procedure Act. The respondents failed to provide evidence that the delay in obtaining a warrant would have defeated the object of the search, except in the case of the computers, which were lawfully seized due to the risk of evidence being destroyed. The respondents did not refute the applicants' version with credible documentary evidence and relied on bare denials. The court held that the applicants made out a case for urgent relief and ordered the...

Court Disposition

Application granted in part; respondents ordered to restore possession of specified goods to applicants and pay costs.

Orders

  • The application is dealt with on an urgent basis and non-compliance with the Uniform Rules of Court is condoned.
  • The respondents are directed to restore the first and second applicants' possession of the specified vehicles, trailers, forklift, containers (excluding those containing allegedly stolen train and wagon wheels), driver logbooks, delivery notes, and all documentation seized on 18 May 2021 not listed in Annexure B of...