South Africa Case Law

Mtakati v Minister of Police, Republic of South Africa and Another (Leave to Appeal) (2024/105172)

Mtakati v Minister of Police, Republic of South Africa and Another (Leave to Appeal) (2024/105172) [2025] ZAGPPHC 486 (12 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/105172

Judge

Bam

The High Court granted leave to appeal a judgment involving sections 20 and 22 of the Criminal Procedure Act, finding the matter raised arguable Bill of Rights issues.

• Criminal Procedure Act Section 20
• Criminal Procedure Act Section 22
• Leave To Appeal
• Spoliation
• Bill Of Rights
• Evidence Requirements

Makalala v Unit Commander, Bellville Vehicle Crime Investigation Unit and Another (25568/2024)

Makalala v Unit Commander, Bellville Vehicle Crime Investigation Unit and Another (25568/2024) [2025] ZAWCHC 2; 2025 (2) SACR 43 (WCC) (13 January 2025)

Court

Western Cape High Court, Cape Town

Case number

25568/2024

Judge

Lekhuleni

The applicant established ownership and possession of the vehicles, shifting the onus to the respondents to justify retention. The respondents provided expert forensic evidence confirming that all three vehicles had been tampered with in contravention of section 68(6)(b) of the National Road Traffic Act. The court found that possession of such vehicles is unlawful, even for the owner, and that the police are justified in retaining them. Returning the vehicles would defeat the statutory purpose of preventing the use and possession of tampered vehicles. The application for the return of the veh…

Source excerpt

• Criminal Procedure Act Section 20
• National Road Traffic Act Section 68
• Rei Vindicatio
• Forensic Vehicle Investigation
• Money Laundering
• Forgery And Uttering

Rossi and Others v Minister of Safety and Security and Others (1599/2013)

Rossi and Others v Minister of Safety and Security and Others (1599/2013) [2013] ZAFSHC 160 (29 August 2013)

Court

Free State High Court, Bloemfontein

Case number

1599/2013

Judge

P. J. T. De Wet

The court ordered the return of seized property after finding no reasonable likelihood of further prosecution and no lawful basis to keep the goods.

• Search And Seizure
• Return Of Seized Property
• Criminal Procedure Act Section 20
• Criminal Procedure Act Section 31
• Precious Metals Act
• Search-and-seizure

Mathabatha v Minister of Safety & Security (5127/2010)

Mathabatha v Minister of Safety & Security (5127/2010) [2010] ZAFSHC 147 (18 November 2010)

Court

Free State High Court, Bloemfontein

Case number

5127/2010

Judge

H.M. Musi

The Free State High Court struck an urgent application off the roll after finding that the applicant had not shown sufficient urgency to justify immediate hearing.

• Urgency In Motion Proceedings
• Seizure Of Property
• Criminal Procedure Act Section 20
• Urgency-in-motion-proceedings
• Seizure-of-property
• Criminal-procedure-act-section-20