South Africa Case Law

Minister van Wet en Orde v Erasmus en 'n Ander (204/1990)

Minister van Wet en Orde v Erasmus en 'n Ander (204/1990) [1992] ZASCA 100; 1992 (3) SA 819 (AD); [1992] 2 All SA 267 (A) [1992] 2 All SA 267 (A) (29 May 1992)

Court

Supreme Court of Appeal

Case number

204/1990

Judges

Van Heerden, E M Grosskopf, Smalberger, F H Grosskopf, Howie

The Supreme Court of Appeal held that the respondents' retention rights over the vehicles, established through substantial repairs and improvements, survived the involuntary loss of possession caused by police seizure under section 20 of the Criminal Procedure Act. The court found that lawful possession under section 31(1)(a) is determined by whether possession would be criminally wrongful, not by whether the possessor is the owner or derives possession from the owner. Since the respondents' possession would not be criminally wrongful, they were entitled to the return of the vehicles. The app…

Source excerpt

• Retention Rights
• Statutory Forfeiture
• Lawful Possession
• Criminal Procedure Act
• Ownership Disputes