South Africa Case Law

FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24)

FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24) [2024] ZAWCHC 285 (26 September 2024)

Court

Western Cape High Court, Cape Town

Case number

13412/24

Judge

Le Grange

The court found that the applicant failed to demonstrate exceptional circumstances warranting enforcement of the order pending appeal. The factual matrix differed from Ngqukumba, as the core issue was whether the police acted unlawfully in seizing the truck, which remains unresolved in the pending petition. The applicant did not establish irreparable harm on a balance of probabilities. Even if relief were granted, the police would have an automatic right of appeal under section 18(4) of the Superior Courts Act, resulting in suspension of the order. The application was therefore dismissed.

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• Enforcement Of Judgments
• Suspension Pending Appeal
• Spoliation Order
• Exceptional Circumstances
• Road Traffic Act
• Police Powers

Modack v Minister of Police and Others (5392/2021)

Modack v Minister of Police and Others (5392/2021) [2023] ZAWCHC 109 (8 May 2023)

Court

Western Cape High Court, Cape Town

Case number

5392/2021

Judge

P. S. Van Zyl

The applicant failed to establish locus standi to seek relief on behalf of unnamed and unidentified family members, employees, and business associates, as he did not allege or prove authority to act for them. The application suffered from fatal non-joinder of necessary parties with a direct and substantial interest in the subject matter. The relief sought was impermissibly vague and ambiguous, lacking clarity and enforceability, and would unduly restrict lawful police conduct. On the merits, the applicant did not demonstrate a clear right, injury, or reasonable apprehension of harm, nor did h…

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• Final Interdict
• Locus Standi
• Non Joinder
• Vague And Ambiguous Relief
• Fundamental Rights
• Police Powers

Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg and Others v Minister of Police and Others (CCT 136/20)

Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg and Others v Minister of Police and Others (CCT 136/20) [2021] ZACC 37; 2022 (1) BCLR 46 (CC); 2023 (1) SACR 14 (CC); 2023 (3) SA 329 (CC) (22 October 2021)

Court

Constitutional Court

Case number

CCT 136/20

Judges

Mogoeng CJ, Jafta J, Madlanga J, Mathopo AJ, Mhlantla J, Theron J, Tshiqi J, Victor AJ

The Constitutional Court confirmed the High Court's declaration of invalidity regarding section 13(7)(c) of the SAPS Act, holding that the provision authorising warrantless searches was unconstitutional as it unjustifiably infringed the right to privacy and dignity. The Court found that the powers conferred were overbroad, lacked sufficient safeguards, and enabled arbitrary and discriminatory conduct, particularly against poor and marginalised communities. The majority held that constitutional damages were not appropriate because alternative remedies, such as delictual claims and interdicts,…

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• Right To Privacy
• Warrantless Searches
• Constitutional Damages
• Interdict
• Bill Of Rights Limitation
• Police Powers

Sungisai and Another v National Prosecuting Authority and Another (62274/2012)

Sungisai and Another v National Prosecuting Authority and Another (62274/2012) [2019] ZAGPPHC 308 (17 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

62274/2012

Judge

Rangata

The court dismissed claims for unlawful arrest and malicious prosecution, finding the police had reasonable suspicion and the prosecutors acted on sufficient grounds.

• Unlawful Arrest
• Malicious Prosecution
• Common Purpose
• Reasonable And Probable Cause
• Criminal Procedure Act
• Police Powers

T v Minister of Police and Others (75903/2013)

T v Minister of Police and Others (75903/2013) [2017] ZAGPPHC 585 (12 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

75903/2013

Judge

T.S Madima

The High Court dismissed a claim for unlawful arrest and detention, finding the arresting officer had reasonable suspicion based on complainant statements and a J88 report.

• Unlawful Arrest
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Damages Claim
• Police Powers
• Unlawful-arrest

Ferreira v Minister of Safety and Security and Another (1696/2011)

Ferreira v Minister of Safety and Security and Another (1696/2011) [2015] ZANCHC 14 (4 September 2015)

Court

Northern Cape High Court, Kimberley

Case number

1696/2011

Judges

Phatshoane, Mamosebo

The court set aside the forfeiture of a truck, held it identifiable on the evidence, and ordered SAPVIN, clearance, registration documents, and release.

• Forfeiture Of Property
• Review Of Administrative Action
• Vehicle Identification
• Police Powers
• Regulation 56 Compliance
• Forfeiture-of-property

Mdlankomo v Tanyane and Another (23008/09)

Mdlankomo v Tanyane and Another (23008/09) [2013] ZAWCHC 141 (8 May 2013)

Court

Western Cape High Court, Cape Town

Case number

23008/09

Judge

Boqwana

The court found that the police intervened in a civil dispute without any reasonable suspicion of a crime, and their presence at the plaintiff's house was unjustified. The arrest was not warranted by the circumstances, and the plaintiff's detention overnight was excessive and not supported by evidence of danger to the public. The plaintiff's rights to bodily integrity and liberty were violated. Regarding the defamation and injury to dignity claims, the court held that the use of the word 'unondindwa' (whore) was not proven to have harmed the plaintiff's reputation in the eyes of a reasonable…

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• Unlawful Arrest
• Deprivation Of Liberty
• Defamation
• Injury To Dignity
• Police Powers

Nqqukumba v Minister of Safety and Security and Others (1354/2010)

Nqqukumba v Minister of Safety and Security and Others (1354/2010) [2012] ZAECMHC 12 (17 August 2012)

Court

Eastern Cape High Court, Mthatha

Case number

1354/2010

Judge

LP Pakade

Leave to appeal was granted in a spoliation dispute over the detention of a motor vehicle and the costs order made in the earlier judgment.

• Mandament Van Spolie
• Rei Vindicatio
• Costs Award
• Unlawful Seizure
• Police Powers
• Possession Restoration

Ngqukumba v Minister of Safety and Security and Others (1354/2010)

Ngqukumba v Minister of Safety and Security and Others (1354/2010) [2011] ZAECMHC 18 (20 October 2011)

Court

Eastern Cape High Court, Mthatha

Case number

1354/2010

Judge

L.P Pakade

The court held that the police failed to place before the court sufficient objective information to justify a reasonable suspicion that the applicant's vehicle was stolen at the time of seizure. The ipse dixit of the police, unsupported by a statement or affidavit from the alleged informant, was insufficient. The subsequent discovery of tampered chassis and engine numbers, while relevant to the lawfulness of continued retention, did not retrospectively justify the initial seizure for spoliation purposes. However, the court found that the applicant may not lawfully possess the vehicle until it…

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• Spoliation
• Unlawful Seizure
• Mandament Van Spolie
• Road Traffic Act Compliance
• Police Powers
• Property Possession

Maqhunyana v Minister of Safety & Security and Others (2265/2009)

Maqhunyana v Minister of Safety & Security and Others (2265/2009) [2011] ZAECMHC 27; 2012 (1) SACR 630 (ECM) (27 January 2011)

Court

Eastern Cape High Court, Mthatha

Case number

2265/2009

Judge

D.Z. Dukada

The court dismissed an application to declare a police roadblock authorization, vehicle seizure, and continued detention unlawful, finding no factual basis to set aside the authorization.

• Search And Seizure
• Roadblock Authorisation
• Jurisdictional Facts
• Unlawful Detention Of Property
• Police Powers
• Search-and-seizure