ConCourt hears appeal about minibus seizure

2013-11-13 16:49
(Picture: Sapa)

(Picture: Sapa)

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Johannesburg - The Constitutional Court will hear an application on Thursday for leave to appeal against a ruling about a minibus taxi that the police seized unlawfully.

The Supreme Court of Appeal (SCA) dismissed an appeal by Anele Ngqukumba for the police to return the minibus because they had seized it unlawfully.

The appeal was dismissed because, according to the National Road Traffic Act, it was a crime for him to have it, as had been stolen.

Police searched and seized the minibus in February 2010 without a warrant or Ngqukumba's consent.

Ngqukumba approached the high court to declare the seizure unlawful, and for an order for the return of the minibus.

The high court declared the search and seizure unlawful and set it aside.

However, it found that returning the vehicle would conflict with the act, and declared that the police keep it until it had been cleared and registered under the act.

Ngqukumba then approached the SCA, which dismissed his appeal.

Read more on:    sca  |  johannesburg

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