Macrae v State

Nature conservation officers seized a baboon from a third party, Lourens, under a search warrant executed by a SAPS inspector in terms of the Criminal Procedure Act 51 of 1977. Owing to practical difficulties, the baboon was handed over the same day to Dr and Mrs Macrae, licensed zoo operators, under a written ‘Certificate of Handover to Institution’. The following day senior officials of the Gauteng Directorate Nature Conservation claimed this handover was a mistake and demanded the baboon’s return, allegedly based on treasury regulations. When officials and police went to the Macraes’ property without a warrant to retrieve the baboon, the Macraes refused, asserting lawful possession. Dr Macrae was arrested for defeating or obstructing the administration of justice; Mrs Macrae was arrested after intervening. Both were also charged with theft of the baboon. They were convicted in the magistrates’ court, unsuccessfully appealed to the High Court, and then appealed to the Supreme Court of Appeal.

The appeals were upheld. The convictions and sentences on all counts were set aside.

The case clarifies that property seized under the CPA remains under police control and does not become state property by mere seizure. It affirms the limits of administrative authority over seized items, the proper application of theft and obstruction offences, and restates the heightened duty of courts and prosecutors to ensure a fair trial for unrepresented accused.