Sello v Grobler and Others

The appellant, Abram Sello, a pharmacist and owner of Lake Field Pharmacy in Benoni, was suspected of selling scheduled medicines without prescriptions. Acting on information from the Medicines Regulatory Affairs Inspectorate (MRAI), members of the SAPS Organised Crime Unit conducted a trap under s 252A of the Criminal Procedure Act 51 of 1977. An inspector purchased schedule 5 medicines without a prescription from an employee who was not authorised to dispense them. Thereafter, without a warrant, the police and MRAI inspectors searched the pharmacy, seized medicines, computers and other items, and arrested the appellant and his employee. The appellant’s vehicle and home were also searched without a warrant, and further medicines and cash were seized. The appellant applied to the South Gauteng High Court for a declaration that the searches were unlawful and for the return of all seized items. The application was dismissed, and he appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order declaring the searches unlawful and directing the respondents to return all items seized that the appellant may lawfully possess. The respondents were ordered to pay costs jointly and severally.

The case clarifies the consequences of unlawful search and seizure in South African law, confirming that unlawfulness does not automatically entitle an affected person to the return of all seized items. It distinguishes applications for return of property from spoliation proceedings and underscores the requirement of lawful entitlement to possession. The judgment also reinforces limits on warrantless searches by police and regulatory inspectors.