Lombard v Fort Hare University and Another

The applicant, a cattle trader, purchased cattle from Fort Hare University (UFH) in November 2022 through UFH’s farm manager, Mr Potgieter, and paid R196,374. UFH delivered 36 head of cattle to the applicant’s grazing farm, Stanford Park, and issued removal certificates. UFH ear tags remained on the cattle. In October 2023, following suspicions that Mr Potgieter had unlawfully sold cattle without internal approval, UFH laid a charge of stock theft. Acting without a warrant, SAPS officials, accompanied by a UFH employee, seized 13 head of cattle from Stanford Park and removed them to UFH’s research farm for safekeeping. The applicant was not consulted and denied wrongdoing, asserting lawful possession and market-related pricing. Attempts to secure the return of the cattle failed, leading to an application for a spoliation order. UFH opposed and sought a counter-application interdict to prevent disposal of the cattle pending a criminal investigation.

A spoliation order was granted directing the respondents to return the 13 identified cattle to the applicant within 48 hours. The respondents were ordered jointly and severally to pay the applicant’s costs on scale B. The applicant was interdicted from selling or disposing of the cattle pending conclusion of the criminal investigation, an NPA decision not to prosecute or to abandon proceedings, or a further court order, with the interdict lapsing after six months. Each party was ordered to pay its own costs in the counter-application.

The judgment reaffirms that the mandament van spolie applies even against the police and state entities where property is seized unlawfully, emphasising strict compliance with section 22 of the Criminal Procedure Act. It illustrates judicial scrutiny of warrantless seizures and underscores the principle that illegality must be remedied before ownership disputes are determined. The case also demonstrates how courts may balance restoration of possession with interim protective measures through interlocutory interdicts.