South Africa Case Law

Vula v Minister of Safety and Security (126/2022)

Vula v Minister of Safety and Security (126/2022) [2024] ZAECBHC 26 (27 March 2024)

Court

Eastern Cape High Court, Bhisho

Case number

126/2022

Judge

Bands

The applicant established, on a balance of probabilities, that no criminal proceedings were pending or reasonably likely to be instituted in connection with the seized rifle, licence, and cartridges. The respondent failed to provide admissible evidence or substantive facts to justify continued detention or to prove that the applicant was not lawfully entitled to possess the items. The delay in investigation was unreasonable and oppressive, and the respondent's reliance on the sub judice rule was misplaced. The applicant was therefore entitled to the return of his property, and the respondent…

Source excerpt

• Return Of Seized Property
• Criminal Procedure Act Section 31
• Onus Of Proof
• Unreasonable Delay
• Firearms Control

Kenakobiz Trading 104 CC v Minister of Police and Others (1069/2021)

Kenakobiz Trading 104 CC v Minister of Police and Others (1069/2021) [2023] ZANCHC 7 (27 January 2023)

Court

Northern Cape High Court, Kimberley

Case number

1069/2021

Judge

O.K. Chwaro

The applicant failed to discharge the onus of proving, on a balance of probabilities, that the seized items would not be required for future criminal proceedings. The mere undertaking to keep and avail the items is insufficient to satisfy the requirements of section 31(1)(a) of the Criminal Procedure Act. The applicant did not obtain confirmation from the Director of Public Prosecutions that the items would not be needed, nor did it demonstrate that criminal proceedings would not be reinstituted. The interests of justice and the State's need to preserve evidence outweigh the applicant's busin…

Source excerpt

• Seizure Of Property
• Return Of Seized Items
• Criminal Procedure Act Section 31
• Instrumentality Of Offence

ASP Elite Protection Services CC v Minister of Police and Others (6489/2020)

ASP Elite Protection Services CC v Minister of Police and Others (6489/2020) [2020] ZAWCHC 142 (2 November 2020)

Court

Western Cape High Court, Cape Town

Case number

6489/2020

Judge

Hockey

The applicant established ownership and SAPS possession of the firearms, but the respondents demonstrated multiple and continuous statutory transgressions by the applicant, including unlawful delegation and issuance of firearms to non-employees and persons without competency certificates. The Registrar was not notified of any replacement of the responsible person, rendering the purported delegation invalid. SAPS provided evidence of ongoing investigations and the likelihood of criminal proceedings, establishing a prima facie case for retaining the firearms as evidence. The requirements of bot…

Source excerpt

• Rei Vindicatio
• Firearms Control Act
• Criminal Procedure Act Section 31
• Private Security Regulation
• Unlawful Possession Of Firearms
• Statutory Compliance

Southern Ambition 201 CC v Minister of Police (704/2019)

Southern Ambition 201 CC v Minister of Police (704/2019) [2019] ZAECPEHC 59 (25 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

704/2019

Judge

Goosen

The applicant failed to establish ownership and lawful possession of the seized cigarettes, as the invoices provided do not sufficiently evidence a nexus to the goods and do not confirm payment or terms of sale. Even if ownership were established, the respondent's possession is authorized by statute, as criminal proceedings have been instituted against the applicant's sole member and his brother in connection with the seized goods. The striking of the matter from the roll does not amount to withdrawal or stay of prosecution, and the applicant has not shown there is no reasonable prospect of t…

Source excerpt

• Criminal Procedure Act Section 31
• Seizure And Forfeiture
• Ownership Of Goods
• Rei Vindicatio

Buys and Others v Minister of Police and Another (2339/2016)

Buys and Others v Minister of Police and Another (2339/2016) [2018] ZANCHC 37 (29 June 2018)

Court

Northern Cape High Court, Kimberley

Case number

2339/2016

Judges

C J Olivier, C C Williams, M Mamosebo

The High Court ordered the return of seized property after criminal charges were withdrawn and the State failed to show the items were needed for trial.

• Criminal Procedure Act Section 31
• Return Of Seized Property
• Burden Of Proof
• Joinder Of Parties
• Withdrawal Of Criminal Charges
• Return-of-seized-property

Buys and Others v Minister of Police and Another (2339/2016)

Buys and Others v Minister of Police and Another (2339/2016) [2017] ZANCHC 53 (23 June 2017)

Court

Northern Cape High Court, Kimberley

Case number

2339/2016

Judge

Snyders

Partial leave to appeal was granted after the court found reasonable prospects on some grounds, but refused leave on others and ordered costs to follow the appeal.

• Search And Seizure
• Onus Of Proof
• Leave To Appeal
• Costs Order
• Criminal Procedure Act Section 31
• Leave-to-appeal

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

Corbett v Minister of Justice and Others (6715/2012)

Corbett v Minister of Justice and Others (6715/2012) [2013] ZAWCHC 28 (22 February 2013)

Court

Western Cape High Court, Cape Town

Case number

6715/2012

Judge

Bozalek

The High Court ordered the return of a disputed diamond to the applicant, finding no valid underlying sale or pledge and relying on section 31 of the CPA.

• Vindication
• Pledge
• Ownership Dispute
• Criminal Procedure Act Section 31
• Ownership-dispute
• Criminal-procedure-act-section-31

Minister of Police and Another v Sosibo NO and Others (AR276/10)

Minister of Police and Another v Sosibo NO and Others (AR276/10) [2010] ZAKZPHC 102 (14 December 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR276/10

Judges

Steyn, Nkosi

The High Court dismissed a police review of a magistrate’s order releasing seized alcohol, holding the applicants lacked locus standi and the magistrate made no irregularity.

• Locus Standi
• Release Of Seized Property
• Criminal Procedure Act Section 31
• Prosecuting Authority
• Liquor Act Offence
• Locus-standi

Daniels v Minister of Safety and Security and Others (5227/07)

Daniels v Minister of Safety and Security and Others (5227/07) [2007] ZAGPHC 63 (1 June 2007)

Court

High Courts - Gauteng

Case number

5227/07

Judge

Murphy

The court found that the applicant failed to discharge the onus of proving that the truck was stolen and that Mr Kobue may not lawfully possess it. Although the sale agreement contained clauses restricting alienation and reserving rights of repossession, there was insufficient evidence to establish that Harmse acted with the requisite intent to commit theft or embezzlement when he disposed of the truck. The applicant's evidence regarding non-payment and theft was unconvincing and contradicted by Harmse's affidavit and the absence of corroborating documentation. As a result, the police are obl…

Source excerpt

• Criminal Procedure Act Section 31
• Ownership Dispute
• Return Of Seized Property
• Bona Fide Purchaser
• Theft Vs Contractual Breach