Minister of Police v Khoeli

In May 2017, members of the South African Police Service (SAPS) seized 44 cattle belonging to the respondent, Mr Mphale Albert Khoeli, under s 20 of the Criminal Procedure Act 51 of 1977 (CPA). The cattle bore a brand registered in his name. The respondent was arrested and charged with contravening the Animal Diseases Act 35 of 1984 for importing or conveying cattle without a permit, and he paid an admission of guilt fine under s 57A of the CPA. Without notifying the respondent or inviting representations, SAPS declared the cattle forfeited to the State in terms of s 32 of the CPA and later sold 42 of them at public auction (two having died in custody). The respondent successfully reviewed this decision in the Free State Division of the High Court, which set aside the forfeiture as unlawful. The Minister of Police sought leave to appeal to the Supreme Court of Appeal.

The application for leave to appeal was dismissed with costs.

This judgment affirms that forfeiture of seized property under the Criminal Procedure Act must comply with procedural fairness and constitutional standards. It clarifies that s 32 of the CPA does not permit automatic forfeiture upon an admission of guilt and underscores the duty on SAPS to notify affected persons, invite representations, and comply strictly with statutory procedures. The case reinforces protection of property rights and the application of administrative justice principles in criminal procedure.