Imprisoned taxi boss loses court battle for return of impounded minibuses

A taxi boss who is imprisoned for murder has lost his court battle against the Minister of Police and the Unit Commander in Bellville to have his minibuses returned after they were impounded for an investigation relating to a crime involving long-distance transportation.

According to court papers following the judgment on January 13 electronically at the Western Cape High Court, the prisoner, Bonke Makalala, has been actively involved in the transport industry since 2008. Makalala is currently incarcerated at Brandvlei Maximum Correctional Services Facility, Worcester, for various serious crimes, including murder, attempted murder, and various counts of possession of an unlicensed firearm and ammunition.

He is the lawful owner of the impounded vehicles, which are currently in the custody of the police.

Makalala urgently applied for the release and return of three impounded Toyota Quantums, claiming lawful ownership and lost income. The vehicles were seized on October 17, 2024, by SAPS without any initial explanation.

Correspondence revealed they were part of a police investigation, Project Tsitsikamma, related to attacks on long-distance buses and other serious crimes for which Makalala was a suspect.

“The applicant states that he was informed by his drivers (who filed confirmatory affidavits) that on October 17, 2024, three of his Toyota Quantums were seized and impounded by members of the South African Police Services (SAPS).

“The vehicles were subsequently transported to the vehicle impound centre situated in Stikland. According to the applicant, no reasons for the impoundment of these vehicles have been provided to him to date.

“The applicant states that on 17 October 2024, one of his Toyota Quantum bearing registration number 0[...]3, which was being driven by his taxi driver, Mr Wade Lombard, was stopped by members of SAPS while travelling from Fish Hoek to Masiphumelele. The officers requested the driver to pull over. An unknown member of SAPS approached the vehicle, reached inside, and removed the keys from the ignition.

"Mr Lombard was then advised that the vehicle would be impounded and retained at Stikland. As a result, his passengers were forced to exit the vehicle as it was being seized with immediate effect. No explanation for the seizure of the vehicle was provided.”

The Respondents, the Unit Commander of Bellville Vehicle Crime Investigation Unit and the Minister of Police, justified their action under Section 20 of the Criminal Procedure Act and Section 68(6)(b) of the National Road Traffic Act (NRTA), citing suspicion of money laundering, forgery, and vehicle tampering. Expert forensic investigations confirmed that the chassis, engine numbers, and bodies of all three vehicles had been tampered with, compromising their identity and safety.

Makalala's counsel argued that the police seized the vehicles first and investigated later, and that the police failed to establish a prima facie case. The Respondents' counsel argued that the confirmed tampering under NRTA Section 68(6) makes possession unlawful and prevents their return, even to the owner, while investigations are ongoing.

The Court found that Makalala proved ownership, shifting the onus to the Respondents. However, the Court accepted the expert evidence of tampering. Citing NRTA Section 68(6)(b), which prohibits possession of tampered vehicles, the Court held that the police had a valid justification for retaining the vehicles.

The court papers detailed that releasing the vehicles would defeat the Act's purpose. The court further stated that Makalala's remedy was to find new engine numbers, not ones which have been tampered with and police clearance.

The application was dismissed, and each party was ordered to pay its own costs.

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