Mveleli VA v King Sabata Dalindyebo Municipality

The applicant was the owner of a taxi motor vehicle used for public transport, operated by his employee driver. On 14 July 2025 the vehicle was stopped by municipal traffic officers while allegedly parked in a manner obstructing traffic in Mthatha. The traffic officers demanded payment of a R1000 fine and instructed the driver to take the vehicle to the municipal pound. The driver complied, left the vehicle there to obtain money, but never returned. The municipality subsequently impounded the vehicle. The applicant brought an urgent application for a mandament van spolie, alleging unlawful dispossession of the vehicle.

The application for spoliation relief was dismissed with costs.

The judgment reaffirms that the mandament van spolie does not apply where dispossession is authorised by statute, even against organs of state. It clarifies the lawful scope of municipal powers to impound vehicles obstructing traffic and confirms that courts will not restore possession where doing so would perpetuate a statutory offence.