South Africa Case Law

Vula v Minister of Safety and Security (126/2022)

Vula v Minister of Safety and Security (126/2022) [2024] ZAECBHC 26 (27 March 2024)

Court

Eastern Cape High Court, Bhisho

Case number

126/2022

Judge

Bands

The applicant established, on a balance of probabilities, that no criminal proceedings were pending or reasonably likely to be instituted in connection with the seized rifle, licence, and cartridges. The respondent failed to provide admissible evidence or substantive facts to justify continued detention or to prove that the applicant was not lawfully entitled to possess the items. The delay in investigation was unreasonable and oppressive, and the respondent's reliance on the sub judice rule was misplaced. The applicant was therefore entitled to the return of his property, and the respondent…

Source excerpt

• Return Of Seized Property
• Criminal Procedure Act Section 31
• Onus Of Proof
• Unreasonable Delay
• Firearms Control

Bechan and Another v SARS Customs Investigations Unit and Others (19626/2022)

Bechan and Another v SARS Customs Investigations Unit and Others (19626/2022) [2022] ZAGPPHC 259; 84 SATC 413 (28 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

19626/2022

Judge

Millar

The High Court held that spoliation was not available to challenge SARS’s lawful execution of a warrant and dismissed the application with costs.

• Mandament Van Spolie
• Tax Administration Act Section 62
• Search And Seizure
• Return Of Seized Property
• Lawful Execution Of Warrant
• Mandament-van-spolie

Minister of Police and Another v Stanfield and Others (1328/2018)

Minister of Police and Another v Stanfield and Others (1328/2018) [2019] ZASCA 183; 2020 (1) SACR 339 (SCA) (2 December 2019)

Court

Supreme Court of Appeal

Case number

1328/2018

Judges

Navsa, Mocumie, Plasket, Weiner, Dolamo

The Supreme Court of Appeal held that criminal proceedings were pending against the respondents, both at the time the high court made its order and at present, as there was a reasonable likelihood that charges would be reinstated. The respondents failed to discharge the onus of proving that no criminal proceedings were pending or likely to be instituted. The evidence established that the respondents had not lawfully obtained firearm licences and were not entitled to possess the firearms. The high court erred in ordering an enquiry in terms of section 102 of the Firearms Control Act, as the ce…

Source excerpt

• Search And Seizure
• Return Of Seized Property
• Firearms Control Act
• Criminal Proceedings Pending

Buys and Others v Minister of Police and Another (2339/2016)

Buys and Others v Minister of Police and Another (2339/2016) [2018] ZANCHC 37 (29 June 2018)

Court

Northern Cape High Court, Kimberley

Case number

2339/2016

Judges

C J Olivier, C C Williams, M Mamosebo

The High Court ordered the return of seized property after criminal charges were withdrawn and the State failed to show the items were needed for trial.

• Criminal Procedure Act Section 31
• Return Of Seized Property
• Burden Of Proof
• Joinder Of Parties
• Withdrawal Of Criminal Charges
• Return-of-seized-property

Buys and Another v Minister of Police and Another (2339/2016)

Buys and Another v Minister of Police and Another (2339/2016) [2017] ZANCHC 45 (21 April 2017)

Court

Northern Cape High Court, Kimberley

Case number

2339/2016

Judge

Snyders

The High Court dismissed an application to return seized property, holding that the Minister had reasonable grounds for the search and that section 31 did not assist the applicants.

• Search And Seizure
• Criminal Procedure Act
• Return Of Seized Property
• Onus Of Proof
• Search-and-seizure
• Criminal-procedure-act

Abubakar v Minister Of Police and Others (2013/4445)

Abubakar v Minister Of Police and Others (2013/4445) [2014] ZAGPJHC 129 (6 June 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/34445

Judge

N F Kgomo

The High Court dismissed an application to return seized cash and goods after a drugs-related search, finding criminal proceedings were pending and non-joinder was material.

• Search And Seizure
• Return Of Seized Property
• Joinder Of Parties
• Unlawful Arrest
• Criminal Procedure Act
• Drugs And Drug Trafficking Act

Mkhuba v Minister of Police and Another (85/2013)

Mkhuba v Minister of Police and Another (85/2013) [2014] ZAECMHC 2; 2014 (2) SACR 205 (ECM) (13 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

85/2013

Judge

N G Beshe

The court ordered compensation for a licensed firearm lost while in police custody, finding the refusal to return it was unsupported and the firearm had been stolen.

• Unlawful Administrative Action
• Return Of Seized Property
• Compensation For Loss
• Firearms Control Act
• Return-of-seized-property
• Firearms-control-act

Rossi and Others v Minister of Safety and Security and Others (1599/2013)

Rossi and Others v Minister of Safety and Security and Others (1599/2013) [2013] ZAFSHC 160 (29 August 2013)

Court

Free State High Court, Bloemfontein

Case number

1599/2013

Judge

P. J. T. De Wet

The court ordered the return of seized property after finding no reasonable likelihood of further prosecution and no lawful basis to keep the goods.

• Search And Seizure
• Return Of Seized Property
• Criminal Procedure Act Section 20
• Criminal Procedure Act Section 31
• Precious Metals Act
• Search-and-seizure

Rossouw v Minister of Police and Others (141/2012)

Rossouw v Minister of Police and Others (141/2012) [2012] ZAFSHC 132 (5 July 2012)

Court

Free State High Court, Bloemfontein

Case number

141/2012

Judge

H. Murray

The Court found that the search warrant was invalid as it failed to specify the correct premises, the items to be seized, and the applicable offences. The warrant was addressed to 'All police officers', authorised a search of 'Gusmec Scrap Metal' rather than Vaalkrantz, and only mentioned 'Copper' without further detail. The information before the issuing magistrate was insufficient to justify the warrant. The subsequent search and seizure operation was conducted at Vaalkrantz and included items not specified in the warrant. The respondents failed to provide necessary averments to justify a w…

Source excerpt

• Search And Seizure
• Invalid Search Warrant
• Second Hand Goods Act
• Constitutional Rights
• Return Of Seized Property

Combined Private Investigations and Another v Rossouw and Others (448/2012)

Combined Private Investigations and Another v Rossouw and Others (448/2012) [2012] ZAFSHC 134 (5 July 2012)

Court

Free State High Court, Bloemfontein

Case number

448/2012

Judge

H. Murray

The Free State High Court discharged a rule nisi preserving seized assets, after finding the warrant invalid and the search and seizure unlawful.

• Search And Seizure
• Warrant Invalidity
• Return Of Seized Property
• Search-and-seizure
• Warrant-invalidity
• Return-of-seized-property