Ngqukumba v Minister of Safety and Security and Others

The applicant’s motor vehicle was seized by the police without a search and seizure warrant after a suspect pointed it out as a stolen vehicle. Upon inspection at the police station, the police found that the engine and chassis numbers had been tampered with. The applicant, who had been in peaceful possession of the vehicle, applied to the Eastern Cape High Court for its return by way of the mandament van spolie. Although the High Court declared the seizure unlawful, it refused to order restoration, holding that possession would constitute an offence under section 68(6)(b) read with section 89(1) of the National Road Traffic Act 93 of 1996. The Supreme Court of Appeal upheld this reasoning. The applicant appealed to the Constitutional Court.

The appeal was upheld. The orders of the Supreme Court of Appeal and the Eastern Cape High Court (insofar as they refused restoration) were set aside. The respondents were ordered to return the motor vehicle to the applicant and to pay the applicant’s costs in the High Court, Supreme Court of Appeal, and Constitutional Court.

The case affirms the constitutional status of the mandament van spolie and its application against the police and other organs of state. It clarifies that statutory prohibitions on possession do not automatically bar spoliation relief, reinforcing the rule of law and rejecting self-help by state authorities. The judgment corrected a line of Supreme Court of Appeal authority and strengthened constitutional control over police conduct.