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South Africa decisions
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Kwatsha v Minister of Police (2792/23) [2023] ZAECMHC 51 (19 October 2023)
The court granted urgent spoliation relief over 70 goats seized by police, finding the applicant had possession and was unlawfully deprived of it.
Izimpondo Ze Africa Security Services CC and Another v Minister of Police and Another (2023/049713) [2023] ZAGPJHC 853 (7 June 2023)
The court found that the police's seizure of the applicants' firearms, magazines, ammunition, licences and permit book was unlawful and unconstitutional. The search and seizure warrant was issued for customs offences, not for firearms-related offences, and there was no evidence that the applicants' property was connected to any crime. The applicants were the lawful owners and permit holders, and any expired permits related only to firearms kept securely in the safe, with renewal pending. The respondents failed to provide a lawful basis for retaining the property, and their explanations were f…
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Buchura and Another v Station Commander Orlando Police (SAPS) and Another (051123/23) [2023] ZAGPJHC 612 (1 June 2023)
The High Court granted a spoliation application and ordered the police respondents to return a seized shipping container to the first applicant.
King of the Road Transport and Others v Minister of Police and Others (22254/2022) [2022] ZAGPJHC 996 (7 December 2022)
High Court spoliation case over police seizure of a truck, keys, phone and licence. The court found unlawful retention of most items and ordered their return.
Aqua Bulk (PTY) Ltd v The Minister of Police and Others (2022/10075) [2022] ZAGPJHC 458 (7 July 2022)
The court found that Aqua Bulk was in peaceful and undisturbed possession of the Mercedes vehicles from 31 December 2021 until their seizure by SAPS members on 3 March 2022. The SAPS acted without a warrant and failed to establish reasonable grounds for seizure under section 22(b) read with section 20 of the Criminal Procedure Act. The respondents did not conduct further investigation or seek a warrant between the date of delivery and seizure, nor did they justify the urgency or necessity for warrantless action. The SAPS subsequently handed the vehicles to Aqua Transport without Aqua Bulk's c…
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Tshatshu v Minister of Safety and Security and Another (433/2018) [2022] ZAECBHC 17 (13 June 2022)
The High Court granted absolution from the instance in a delictual claim for pure economic loss arising from the retention of a lawfully seized vehicle.
Chauke v Minister of Police and Another (27141/2021) [2021] ZAGPPHC 637 (29 September 2021)
The applicant was in lawful possession of the vehicle, and the respondents deprived him of possession without complying with the requirements of the Criminal Procedure Act. No search warrant was produced, and there was no evidence of consent or reasonable grounds for warrantless seizure. The respondents failed to provide direct evidence justifying the seizure. On the authority of Ngqukumba, the seizure was unlawful. The applicant was entitled to the mandament van spolie order and, as the successful party, is entitled to costs.
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Obena v Minister of Police and Others (1182/2021) [2021] ZAECMHC 11 (13 April 2021)
The court found that the applicant was in possession of the motor vehicle and speakers at the time of dispossession, and that her possession was of the kind protected by the mandament van spolie. The fourth respondent's Letters of Authority permitted her to take control of the assets but did not authorise forcible seizure or self-help. The involvement of the police did not render the seizure lawful. The conduct of the fourth respondent and the police constituted unlawful and unconstitutional dispossession, breaching the applicant's rights to dignity, privacy, and property. The applicant was e…
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Vusizwe Security & Cleaning Services (Pty) Ltd and Others v Minister of Police and Others (2019/33722) [2019] ZAGPJHC 409 (4 October 2019)
The court found that the applicants were in peaceful and undisturbed possession of the firearms, which were lawfully acquired and licensed. The police failed to demonstrate, on objective grounds, that the requirements of section 20 of the Criminal Procedure Act were met at the time of seizure. The only basis for the seizure was the alleged presence of an unlicensed firearm, which was disputed and not substantiated. No charges were brought against the applicants for any contravention of the Firearms Control Act or its regulations. The deprivation of possession was therefore unlawful, and the a…
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Nombewu v Minister of Police, RSA and Others (254/2019) [2019] ZAECMHC 7 (26 February 2019)
The court held that the applicant was in peaceful possession of the vehicle, but the police seizure was lawful under sections 20–22 of the Criminal Procedure Act. The vehicle had a tracking device linked to a stolen vehicle and tampered engine numbers, which objectively provided reasonable grounds for the police to believe it was stolen and to seize it without a warrant. The prerequisites for a spoliation order were not satisfied because the deprivation was not wrongful; the seizure was sanctioned by statute. The application for restoration of possession failed, and costs were awarded against…
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