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South Africa decisions
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Joka v Station Commander, Vehicle Identification Unit, Komani and Another (2685/2025) [2025] ZAECMKHC 57 (15 July 2025)
The High Court dismissed an urgent spoliation and interdict application for release of a minibus, finding the police had reasonable grounds to seize it under the CPA.
Zhao v Minister of Police and Others (3836/2024) [2024] ZANWHC 248; [2025] 1 All SA 855 (NWM) (25 September 2024)
The court found that the search and seizure warrant was invalid as it was issued without proper consideration of information under oath, contrary to statutory requirements. The magistrate failed to apply his mind and relied on incoherent and contradictory information, some of which was not sworn. The presence of a Gambling Board official during the search was unauthorised and not provided for in the warrant, further invalidating the process. The applicant was in peaceful and undisturbed possession of the seized items, and the respondents failed to establish lawful dispossession. The urgency o…
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Mini Developments CC v Minister of Police and Another (5188/2022) [2023] ZAFSHC 174 (18 May 2023)
The High Court dismissed a bid to set aside forfeiture of trailers seized for VIN tampering, holding the possession unlawful and the remedy likely lay in PAJA review.
S v Mawhdlazi (R42/2018) [2019] ZAFSHC 38 (25 April 2019)
On special review, the High Court set aside a conviction and sentence entered under the Stock Theft Act for possession of cell phones, holding the Act did not apply.
McCarthy Finance, a Division of Wesbank, a Division of Firstrand Bank Limited v Mbambo (13056/2017P) [2018] ZAKZPHC 12 (8 May 2018)
The court found that the Plaintiff, as owner under the instalment sale agreement, was entitled to vindicate its rights to the vehicle, as the Defendant was in unlawful possession and not a party to the agreement. The deponent, Stewart, had sufficient personal knowledge and access to all relevant documentation, satisfying the requirements for summary judgment affidavits. The Defendant's reliance on Shackleton Credit Management was misplaced, as Stewart's position and access distinguished her from the facts in that case. The Defendant failed to raise any bona fide or triable defence, and the pr…
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Stoltz v Minister: South African Police N.O. and Others (M320/15) [2016] ZANWHC 4 (11 February 2016)
The court found that while there were reasonable grounds for believing the cheetah cub was on the applicant's farm, the respondents failed to establish on objective grounds that the applicant did not have a valid permit for the cub. The police's belief was not supported by sufficient factual basis. The Supreme Court of Appeal's previous position allowing post hoc justification for seizure was overruled by the Constitutional Court, which held that restoration of possession is required before any enquiry into lawfulness. The seizure of certain firearms was lawful due to reasonable suspicion tha…
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Van Rensburg v Alette Wessels Kunskamer (Pty) Ltd and Others (41102/2013) [2015] ZAGPPHC 497 (19 June 2015)
The court granted a plaintiff’s claim for the return of three paintings, or their value, and awarded damages for defamatory and dignity-impairing statements.
Visagie t/a Prieska Entertainment Centre v Minister of Safety and Security N.O and Others (1084/2013; 1085/2013) [2013] ZANCHC 30 (6 September 2013)
The court held that, although the search warrants were invalid and the applicants were unlawfully deprived of possession, the Ngqukumba decision of the Supreme Court of Appeal is binding and precludes restoration of possession where such possession is unlawful under statute. The mere lodging of an application for leave to appeal in Ngqukumba does not suspend the binding effect of the SCA's ratio decidendi. Only items lawfully possessed by the applicants must be restored; the gambling machines, being unlawful to possess under the National Gambling Act, cannot be restored. The respondents, havi…
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Ngqukumba v Minister of Safety & Security and Others (660/12) [2013] ZASCA 89; 2013 (2) SACR 381 (SCA) (31 May 2013)
The Supreme Court of Appeal held that although the seizure of the appellant's motor vehicle by the police was unlawful, restoration of possession could not be ordered because the appellant's possession would be unlawful under s 68(6)(b) of the National Road Traffic Act 93 of 1996. The Act prohibits possession of a motor vehicle whose engine or chassis number has been tampered with, and contravention constitutes a criminal offence. The court found that it cannot order restoration where it would result in an illegality, as this would be tantamount to compelling the police to commit a criminal o…
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Magoda v Minister of Safety and Security and Another; Mxhego v Minister of Safety and Security and Another (380/12) [2013] ZAECMHC 5 (28 February 2013)
The court found that the police failed to provide objectively reasonable grounds for the belief that the applicants' vehicles were stolen, as required by section 20 of the Criminal Procedure Act. The information relied upon was vague and lacked sufficient detail to justify the seizure. Although consent for the search was validly obtained from an adult, the subsequent seizure did not comply with statutory requirements. The applicants satisfied the requisites for mandament van spolie, having been in possession and wrongfully deprived thereof. The statutory prohibition against possession of vehi…
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