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)
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