Ngqukumba v Minister of Safety & Security

The appellant, Mr Anele Ngqukumba, a taxi operator in Mthatha, had his Toyota Hi-Ace minibus seized by members of the South African Police Service in February 2010 while it was parked at a taxi rank and in the possession of his employee. The police suspected the vehicle to be stolen and, upon inspection, alleged that the chassis and engine numbers had been tampered with. Ngqukumba approached the Eastern Cape High Court seeking an order declaring the search, seizure and continued detention of the vehicle unlawful and for restoration of possession. The High Court declared the seizure unlawful but refused to order restoration, holding that possession of the vehicle would be unlawful under s 68(6)(b) of the National Road Traffic Act 93 of 1996. Ngqukumba appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The order refusing restoration of the vehicle was confirmed.

This judgment authoritatively confirms that unlawful seizure by the police does not automatically entitle a dispossessed person to restoration where possession would be unlawful. It clarifies the limits of the mandament van spolie in South African law and affirms that courts will not order restoration of property where this would sanction or compel a criminal offence. The case reinforces the supremacy of statutory prohibitions under the National Road Traffic Act over possessory remedies.