Joka v Station Commander, Vehicle Identification Unit, Komani and Another

The applicant sought urgent relief for the return of his 2018 Mercedes-Benz minibus, which was confiscated by police on 23 May 2025 and impounded at the Komani Vehicle Crime Investigation Unit. He alleged lawful ownership and possession, using the vehicle to transport school children for income. Police initially informed him the vehicle was suspected stolen, but later indicated investigations were complete and the vehicle was not stolen, yet refused to release it. The respondents explained that the vehicle bore altered registration plates, was linked on police databases to a theft investigation, registered to Mona Tree Finance, and that a criminal case of theft and a warrant of arrest had been issued against the applicant. The applicant claimed entitlement through a lease-to-sale agreement but provided no corroborating evidence or proof of payment.

The application was dismissed, and the applicant was ordered to pay the respondents’ costs on a party-and-party scale, including reserved costs.

The case affirms the limits of spoliation and interim interdict relief where police seizure is supported by reasonable grounds under the Criminal Procedure Act. It clarifies that Ngqukumba does not entitle restoration of possession where the seizure is demonstrably lawful and supported by ongoing criminal investigation evidence.