South Africa Case Law

Minister of Police v Khoeli (241/2020)

Minister of Police v Khoeli (241/2020) [2021] ZASCA 146 (18 October 2021)

Court

Supreme Court of Appeal

Case number

241/2020

Judges

Petse, Mathopo, Mbatha, Carelse, Mothle

The Supreme Court of Appeal held that the SAPS failed to comply with the procedural requirements of s 32 and s 31(2) of the Criminal Procedure Act before declaring the respondent's cattle forfeited to the State. The respondent was the lawful possessor, as evidenced by the brand identification mark and supporting documentation. The SAPS did not notify the respondent or allow him to make representations, nor did they ascertain if any other person could lawfully possess the cattle. The audi alteram partem rule, as entrenched in s 33 of the Constitution and reflected in s 32, requires that the re…

Source excerpt

• Search And Seizure
• Forfeiture Of Property
• Audi Alteram Partem
• Criminal Procedure Act
• Animal Diseases Act

Minister of Police v Khoeli (739/2018)

Minister of Police v Khoeli (739/2018) [2020] ZAFSHC 26 (19 February 2020)

Court

Free State High Court, Bloemfontein

Case number

739/2018

Judges

N M Mbhele, J J Mhlambi

The High Court refused leave to appeal over the police forfeiture and sale of seized cattle, finding no reasonable prospects of success.

• Forfeiture Of Property
• Review Of Administrative Action
• Animal Diseases Act
• Criminal Procedure Act
• State Accountability
• Leave-to-appeal

Khoeli v Minister of Police and Others (739/2018)

Khoeli v Minister of Police and Others (739/2018) [2019] ZAFSHC 142 (26 August 2019)

Court

Free State High Court, Bloemfontein

Case number

739/2018

Judges

MBHELE, MHLAMBI

The High Court reviewed and set aside the police decision to forfeit 44 cattle allegedly imported without a permit, holding that the applicant was not properly notified.

• Forfeiture Of Property
• Procedural Fairness
• Animal Diseases Act
• Criminal Procedure Act
• Lawful Possession
• Forfeiture-of-property

Buffalo Conservation 97 (Pty) Ltd v Di and Others (40602/08)

Buffalo Conservation 97 (Pty) Ltd v Di and Others (40602/08) [2014] ZAGPPHC 996 (10 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

40602/08

Judge

Baqwa

High Court delict claim over refusal to test buffalo calves and process a breeding project under the Animal Diseases Act; defendants held liable for proven damages.

• Statutory Duty Of Care
• Animal Diseases Act
• Negligence
• Failure To Perform Statutory Function
• Ultra Vires Action
• Damages For Omission

Kemp and Others v Wyk and Others (335/2004)

Kemp and Others v Wyk and Others (335/2004) [2005] ZASCA 77; [2008] 1 All SA 17 (SCA); 2005 (6) SA 519 (SCA) (19 September 2005)

Court

Supreme Court of Appeal

Case number

335/2004

Judges

Howie, Scott, Mthiyane, Nugent, Mlambo

The Supreme Court of Appeal held that the Director of Animal Health lawfully exercised his discretion in refusing the permit for importation of sable antelope from Zimbabwe. The Director was entitled to rely on the embargo policy, provided he was independently satisfied that the policy was appropriate to the particular case and did not treat it as a binding rule. The evidence established that the Director considered the application, albeit briefly, and concluded that the embargo was suitable in the circumstances. The court found no grounds to refer the matter for oral evidence, nor any basis…

Source excerpt

• Exercise Of Discretion
• Application Of Policy
• Animal Diseases Act
• Judicial Review
• Importation Permits