Pakule and Tafeni v Minister of Safety and Security and Others

Two separate appeals were heard together in the Supreme Court of Appeal concerning the seizure and continued detention of motor vehicles by the South African Police Service (SAPS). In Pakule, the appellant’s Toyota Hilux taxi was seized after a police chase in which the driver, wanted for armed robbery, abandoned the vehicle. The vehicle had no number plates or licence disc, the driver had no licence, and subsequent inspection revealed tampered engine and chassis numbers. In Tafeni, police officers became suspicious of a Toyota Hilux because of repainting; with the driver’s consent they searched it at a police station and discovered tampered engine and chassis numbers. In both cases, the appellants sought orders declaring the seizures unlawful and compelling the return of the vehicles.

Both appeals were dismissed with costs, including the costs of two counsel.

The judgment resolved conflicting approaches in the Eastern Cape regarding ss 20 and 22 of the Criminal Procedure Act. It authoritatively confirmed that vehicles with tampered engine or chassis numbers may not be returned to owners or possessors, and that subsequent discovery of reasonable grounds can justify lawful seizure or retention. The case reinforced the interaction between criminal procedure and road traffic legislation.