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)
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…
Source excerpt
- Spoliation
- Unlawful Seizure
- Mandament Van Spolie
- Road Traffic Act Compliance
- Police Powers
- Property Possession