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South Africa decisions
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Mvula v City of Cape Town and Others (Leave to Appeal) (8583/24) [2024] ZAWCHC 420 (11 December 2024)
Leave to appeal was refused in a vehicle-impoundment dispute. The court held that microdot evidence identified the vehicle as the SADTF vehicle and rejected a new fairness argument.
Mvula v City of Cape Town and Others (8583/24) [2024] ZAWCHC 221 (16 August 2024)
The High Court dismissed an urgent application for return of an impounded taxi, finding the vehicle released to the Sheriff was the same as the one in the court order.
Kweleta v George Municipality and Others (22547/2023) [2024] ZAWCHC 5 (22 January 2024)
Urgent application to compel release of an impounded vehicle dismissed; the court held the impoundment lawful under the NLTA and costs followed.
S v Namane (R49/2021) [2021] ZAFSHC 262 (4 November 2021)
The High Court reviewed a magistrate’s irregular order on vehicle release, confirmed the reduced admission of guilt fine, and substituted a corrected release order.
Matli v Minister of Police and Others (6110/2021) [2021] ZAWCHC 286 (3 May 2021)
Urgent spoliation application dismissed: the court held the vehicle was lawfully impounded under the NLTA and that the matter was not urgent.
S v Mosia (R148/2019, C1260/19) [2019] ZAFSHC 209 (18 October 2019)
The High Court confirmed a conviction and fine, but corrected a magistrate’s vehicle-release order to cite the proper Free State Public Transport Act provision.
Songqwaba v MEC for Police Roads and Transport, Free State Province and Another (391/2019) [2019] ZAFSHC 22 (14 March 2019)
The applicant failed to prove that he was unlawfully deprived of possession of his vehicle. The impoundment was effected in terms of clear statutory provisions, and the applicant did not possess the required operating permit for transporting passengers for reward. The Traffic Inspector acted lawfully and within the scope of the Free State Public Transport Act and the National Land Transport Act. The mandament van spolie does not apply where the deprivation is lawful, and the applicant did not meet the requirements for a final interdict. The application is dismissed with costs.
Source excerpt
Mabote v S (297/13) [2013] ZAFSHC 192 (12 December 2013)
The High Court set aside an admission-of-guilt conviction after finding the accused had a probable and arguable defence to an overloading charge.
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