OMJ Projects (Pty) Ltd and Another v Minister of Police and Others (6240/2020) [2020] ZALMPPHC 86 (21 October 2020)
Court
Limpopo High Court, Polokwane
Case number
6240/2020
Judge
M Naude
Urgent spoliation application over trucks and trailers seized by police without a warrant. The court found the later removal unlawful and restored possession conditionally.
Dong v National Commissioner of Police and Another (32212/2020) [2020] ZAGPPHC 425 (27 August 2020)
Court
North Gauteng High Court, Pretoria
Case number
32212/2020
Judge
C.J. Collis
The court granted urgent spoliation relief after finding SAPS unlawfully seized the applicant’s property without justification, and ordered its return.
Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg and Others v Minister of Police and Others (18205/2018) [2020] ZAGPJHC 146; [2020] 3 All SA 902 (GJ); 2021 (1) SACR 66 (GJ); 2021 (2) SA 220 (GJ) (29 June 2020)
Court
South Gauteng High Court, Johannesburg
Case number
18205/2018
Judges
Mlambo JP, Meyer J, Kathree-Setiloane J
Section 13(7)(c) of the SAPS Act is constitutionally invalid to the extent that it permits warrantless searches of private homes and persons inside them within cordoned-off areas, as this constitutes a disproportionate and overbroad limitation of the right to privacy protected by section 14 of the Constitution. The provision fails the section 36 limitation test due to its lack of safeguards, overbreadth, and failure to guide police conduct. The declaration of invalidity is suspended for 24 months to allow the legislature to cure the defect, with interim relief reading in the requirements of s…
Jin Sweet Supermarket CC v Miniter of SAPS N.O and Another (UM228/2019) [2020] ZANWHC 16 (9 January 2020)
Court
North West High Court, Mafikeng
Case number
UM228/2019
Judge
R D Hendricks
The court held that SAPS unlawfully searched and seized 17 boxes of cigarettes from Jin Sweet Supermarket without a warrant or valid consent, and ordered their return.
Section 11(1)(a) and (g) of the Drugs and Drug Trafficking Act authorises warrantless searches and seizures without sufficient safeguards, including in private homes where the expectation of privacy is highest. The provisions do not limit the time, place, or manner of searches, nor do they require urgency or the risk of evidence being lost. This broad power unjustifiably infringes the right to privacy and dignity protected by sections 14 and 10 of the Constitution. Less restrictive means, such as the warrant requirement in section 22 of the Criminal Procedure Act, exist to achieve the Act's p…
Mbangi v Minister of Safety and Security and Others (862/09) [2010] ZAECMHC 18 (8 April 2010)
Court
Eastern Cape High Court, Mthatha
Case number
862/09
Judge
Nhlangulela
The court found that the respondents failed to establish reasonable grounds for the warrantless seizure and continued detention of the applicant's motor vehicle. The information relied upon by the police was vague and lacked specific identifying features linking the vehicle or its occupants to the alleged robbery. The goods found in the vehicle were not described prior to the seizure, and no reasonable link was established between them and the alleged crime. The applicant's possession was peaceful and undisturbed, and her delay in bringing the application was justified by the pending criminal…
