South Africa Case Law

Ramudzuli v Commissioner of the South African Revenue Services and Others (20908/2021)

Ramudzuli v Commissioner of the South African Revenue Services and Others (20908/2021) [2021] ZAGPPHC 722 (28 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

20908/2021

Judge

Skosana

Review application over the detention, seizure, and forfeiture of a vehicle and goods under the Customs and Excise Act was dismissed with costs.

• Customs And Excise Act
• Seizure And Forfeiture
• Promotion Of Administrative Justice Act
• Dispute Of Fact
• Unlawful Detention
• Internal Remedies Exhaustion

Southern Ambition 201 CC v Minister of Police (704/2019)

Southern Ambition 201 CC v Minister of Police (704/2019) [2019] ZAECPEHC 59 (25 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

704/2019

Judge

Goosen

The applicant failed to establish ownership and lawful possession of the seized cigarettes, as the invoices provided do not sufficiently evidence a nexus to the goods and do not confirm payment or terms of sale. Even if ownership were established, the respondent's possession is authorized by statute, as criminal proceedings have been instituted against the applicant's sole member and his brother in connection with the seized goods. The striking of the matter from the roll does not amount to withdrawal or stay of prosecution, and the applicant has not shown there is no reasonable prospect of t…

Source excerpt

• Criminal Procedure Act Section 31
• Seizure And Forfeiture
• Ownership Of Goods
• Rei Vindicatio