The urgent application by jailed taxi boss Bonke Makalala for the release of his three impounded Toyota Quantum vehicles has been dismissed.
This decision by the Western Cape High Court stems from allegations of tampering and potential involvement in criminal activities, which the police cited as justifications for retaining the vehicles.
The case, which was heard on 20 December 2024 and judgment delivered electronically on 13 January 2025, revolved around the issue of ownership versus lawful possession. Makalala, who has been embroiled in various serious criminal convictions and is currently serving time at Brandvlei Maximum Correctional Services Facility, claims rightful ownership of the vehicles taken by the SAPS on 17 October 2024. The vehicles were reportedly seized without explanation while in the custody of his drivers, prompting the urgent court application.
During the proceedings, Makalala's legal team argued that the seizure lacked legal grounds and highlighted the detrimental impact on his income, stating he could not earn a livelihood from his transport business. "No explanations were provided for the impoundment, resulting in significant income loss," said counsel for Makalala.
However, the police countered that the vehicles are central to an ongoing investigation linked to serious crimes, including attacks on long-distance busses, under a police initiative known as Project Tsitsikamma. The cars, they asserted, had been subjected to tampering, undermining their roadworthiness and rendering them dangerous for use. The police investigation revealed that alterations had been made to the chassis tags and engine numbers—an assertion supported by forensic analysis from police experts.
“Our experts confirmed that tampering had occurred,” stated the legal representative for the State, reinforcing the legal basis on which SAPS retained the vehicles. The court agreed, emphasising the stringent regulations under the National Road Traffic Act, which stipulate that vehicles with tampered identification cannot be returned to their owners due to the inherent risks associated with their use and the potential dissatisfaction of justice.
The court noted that while Makalala retained ownership, the legality of possession under the current circumstances favoured the police. Judge JD Lekhuleni underscored the principle that returning the vehicles would contravene provisions designed to protect the public from potentially dangerous vehicles.
As the court ruled against the application, it also highlighted alternative legal remedies available to Makalala, which could enable him to address the tampering issues legally through proper channels once the police investigations conclude.
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