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South Africa decisions
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King of the Road Transport and Others v Minister of Police and Others (22254/2022) [2022] ZAGPJHC 996 (7 December 2022)
High Court spoliation case over police seizure of a truck, keys, phone and licence. The court found unlawful retention of most items and ordered their return.
Greef and Another v S (A258/20) [2021] ZAWCHC 48 (1 March 2021)
The High Court dismissed a criminal appeal against conviction for dealing in drugs, upholding the trial court’s credibility findings and finding consent to search.
Piperdi v Minister of Police (71/2019) [2019] ZAECGHC 83; 2020 (1) SACR 572 (ECG) (10 September 2019)
The Magistrate erred in accepting the respondent's version that the appellant consented to the search and seizure. The evidence showed that the appellant did not voluntarily consent, and the police failed to justify the warrantless search under section 22 of the Criminal Procedure Act. The respondent's witnesses were inconsistent and failed to provide reasonable grounds for not obtaining a warrant. The seizure of the appellant's cellphones was not justified, and the appellant did not voluntarily relinquish them. The appellant proved special damages for legal expenses but failed to provide suf…
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Seapolelo and Another v Minister of Police, Republic of South Africa (63/17; 64/2017) [2018] ZANWHC 22 (2 March 2018)
High Court matter on unlawful arrest, search and assault claims. Liability for arrest and detention was conceded, but the assault and warrantless search claims failed.
Umeh v S (A106/14) [2015] ZAWCHC 81; 2015 (2) SACR 395 (WCC) (4 June 2015)
Appeal against drug convictions dismissed, but minimum sentences were set aside for lack of proof of drug value; sentences were replaced with 7 and 15 years concurrent.
Qaku v Minister of Safety & Security (1112/08) [2013] ZAECMHC 23 (18 July 2013)
The court held that the police acted lawfully in conducting warrantless searches of the plaintiff's two houses and vehicle, as they reasonably believed that delay in obtaining a warrant would defeat the object of the search. The evidence established that the police attempted to obtain a warrant but were unable to do so, and acted on credible information regarding stolen property and unlicensed firearms. The plaintiff's consent was not voluntary, but consent was not the only jurisdictional factor; the requirements of section 22(b) of the Criminal Procedure Act were satisfied. The arrest and de…
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Magoda v Minister of Safety and Security and Another; Mxhego v Minister of Safety and Security and Another (380/12) [2013] ZAECMHC 5 (28 February 2013)
The court found that the police failed to provide objectively reasonable grounds for the belief that the applicants' vehicles were stolen, as required by section 20 of the Criminal Procedure Act. The information relied upon was vague and lacked sufficient detail to justify the seizure. Although consent for the search was validly obtained from an adult, the subsequent seizure did not comply with statutory requirements. The applicants satisfied the requisites for mandament van spolie, having been in possession and wrongfully deprived thereof. The statutory prohibition against possession of vehi…
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