Seven years later, Vereeniging man still fighting cops over destroyed bakkie

A Vereeniging man’s seven-year-long battle to get compensation from the police after they illegally seized and destroyed his bakkie is not yet over, even though the High Court in Pretoria came to his assistance.

Tshokolo Lebelonyana sued the minister of police for R39 000 after Harrismith police impounded his Mazda bakkie in February 2011, telling him they intended to have the vehicle forfeited to the state as it had been used in criminal activities.

Lebelonyana insisted he had never allowed his bakkie to be used for criminal activities.

He did not receive any notification in connection with the seizure or forfeiture and was not given a chance to make representations for the return of his vehicle.

He was later told his bakkie had been destroyed.

Lebelonyana initially sued the police in the Pretoria Magistrate’s Court, but his claim was dismissed with costs as it was not within the prescribed period. He then took the matter to the high court where Judge Johan Louw set aside the dismissal and referred the matter back to the court.

He said the dismissal was based on misdirection on questions of law, including that Lebelonyana had to prove the date on which his cause of action arose.

His cause of action arose from the forfeiture and the onus was on the minister to prove when this occurred. This was not done and the minister failed to disclose a bona fide defence, the judge said.

For more news your way, download The Citizen’s app for iOS and Android.