The Mpumalanga High Court in Mbombela has confirmed the preservation of a truck and trailers linked to alleged property theft, marking a significant moment in the legal battle between Livia Transport (Pty) Ltd against the National Director of Public Prosecutions (NDPP).
On 22 April 2025, the court delivered its judgment regarding two interrelated cases: an application by Livia Transport for the return of its property and the NDPP's bid for the preservation of that same property under the Prevention of Organised Crime Act (POCA). The property, a truck and two trailers, was impounded by the South African Police Services (SAPS) in October 2023 after allegations arose that it was involved in the transportation of stolen railway materials belonging to Transnet.
The case's groundwork was laid on 06 October 2023, when police intervened in a suspected theft incident on the N4 highway. Fidelity Security officers discovered a truck laden with railway tracks purportedly stolen from Transnet. The driver, Malungelo Mhlengethwa, provided what appeared to be authorisation documents via his cellphone. However, these documents were later determined to be fraudulent, with key figures from the Department of Public Works and South African Forestry Company Soc Limited distancing themselves from the claims made within the documents.
Further investigations revealed a troubling pattern, with Livia Transport allegedly using the same forged documentation on multiple occasions to transport railway materials. This raised serious questions about the company’s knowledge and complicity in the illegal transport of state property.
Legal proceedings unfold
Livia Transport sought the return of its truck and trailers, contending it had no knowledge of any wrongdoing. The Minister of Police opposed the application, citing the prior preservation order issued in favour of the NDPP. Meanwhile, the NDPP initiated an ex parte application, which led to the issuance of a rule nisi that prevented the company from reclaiming its vehicles until the court had resolved the matter.
In a critical juncture on 10 May 2024, the interim rule nisi was rescinded following an agreement between the parties, allowing both applications to be heard together. Deputy Judge President TV Ratshibvumo clarified that the preservation of property must take precedence in their deliberation given the legal implications surrounding the preservation order.
Judgment analysis
The court found that there were reasonable grounds to believe that the truck and trailers constituted instruments of crime under Section 38 of POCA. The alleged theft of railway tracks and the use of forged documents indicated serious criminal activity, which warranted the preservation of evidence critical to ongoing investigations.
The NDPP’s failure to disclose the pending rei vindicatio application was a point of contention. However, the court ultimately upheld that such disclosure, while important, did not significantly change the nature of the preservation request since the evidence against Livia Transport related to the instrumentalities of the crime remained compelling.
Final ruling
As a result, the court confirmed the preservation order and dismissed Livia Transport’s application for the return of its vehicles. Additionally, it ruled that Livia Transport was liable for costs associated with both applications, emphasising a degree of accountability given the circumstances surrounding the use of their property in the commission of alleged crimes.
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