South Africa Case Law

Ledwaba v Provincial Commissioner SAPS (Limpopo) and Others (3488/2020)

Ledwaba v Provincial Commissioner SAPS (Limpopo) and Others (3488/2020) [2024] ZALMPPHC 61 (14 June 2024)

Court

Limpopo High Court, Polokwane

Case number

3488/2020

Judge

Kanyane AJ

The court found that the applicant was the owner of the 15 cattle impounded and sold by the SPCA at the instance of SAPS officials. The SPCA was not duly appointed as Poundmaster for the area where the cattle were impounded, and its authority to act had expired prior to the events. The impoundment and sale were therefore unlawful for want of authority and non-compliance with statutory requirements, particularly the advertisement and approval procedures under the Limpopo Pounds Act. The applicant's claim for direct constitutional relief under section 25 was barred by the principle of subsidiar…

Source excerpt

• Impoundment Of Livestock
• Municipal Pounds
• Subsidiarity Principle
• Unlawful Deprivation Of Property
• Declaratory Relief
• Damages Claim

Khumalo and Others v Botha and Others (LCC 161/2020)

Khumalo and Others v Botha and Others (LCC 161/2020) [2021] ZALCC 3 (25 March 2021)

Court

Land Claims Court

Case number

LCC 161/2020

Judge

T M Ncube

The court held that the eviction, house demolition, cattle impoundment, and deprivation of land use on Dunbar farm were unlawful under ESTA.

• Extension Of Security Of Tenure Act
• Unlawful Eviction
• Right To Family Life
• Constructive Eviction
• Unlawful Demolition
• Impoundment Of Livestock

Manga and Others v Minister of Police and Others (3152/2019)

Manga and Others v Minister of Police and Others (3152/2019) [2019] ZAECGHC 122 (4 December 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

3152/2019

Judge

NG Beshe

The court found that the applicants failed to provide direct evidence that the police were involved in the removal or impoundment of their cattle. The third respondent acted within the law by impounding the cattle under the municipal by-law after repeated damage to crops and failed attempts to resolve the issue with the applicants. The impoundment was justified as the cattle were abandoned or left unattended, causing damage. The applicants did not suggest any alternative measures the third respondent could have taken. The court held that the impoundment was lawful and that the applicants had…

Source excerpt

• Impoundment Of Livestock
• Municipal By Laws
• Unlawful Deprivation Of Property
• Self Help
• Constitutional Rights

Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014)

Umcebo Properties (Pty) Ltd and Another v Masango and Others (LCC175/2014) [2016] ZALCC 3 (10 March 2016)

Court

Land Claims Court

Case number

LCC175/2014

Judge

Baloyi AJ

The court enforced livestock limits against an occupier, holding that the demand to reduce cattle and goats did not amount to an eviction under ESTA.

• Extension Of Security Of Tenure Act
• Occupier Rights
• Interdict
• Impoundment Of Livestock
• Constructive Eviction
• Extension-of-security-of-tenure-act