A Cape Town homeowner has won a High Court appeal after police forced their way into his property without a warrant during a kidnapping investigation.
The Western Cape High Court overturned an earlier ruling that dismissed Bandile Nayo’s R250,000 property-damage claim against the Minister of Police.
According to News24, between 30 and 35 officers entered Nayo’s Montana home on 23 July 2022 while searching for a kidnapped businessman’s daughter.
The woman was not found at the property, and officers uncovered no evidence connecting the house to the kidnapping.
Police Raid Leaves Home Damaged
Nayo was in Gugulethu when officers from the Serious Violent Crime Investigation Unit, supported by metro police, arrived at his home.
According to News24’s account of the judgment, investigators relied on cellphone location data and a vehicle spotted near the property.
Officers forced their way inside without obtaining a search warrant.
Nayo later discovered damaged doors, cupboards, furniture and electronic equipment.
His account included a slashed couch, a broken 50-inch television and damage to a soundbar.
A witness also alleged that a police captain deleted cellphone footage recording the operation.
Police denied damaging the property, maintaining that the urgency of the kidnapping investigation justified their actions.
High Court Rejects Police Defence
The regional court initially accepted the officers’ explanation and dismissed Nayo’s claim in April 2026.
However, according to News24, Judge Robert Henney, supported by Judge Melanie Holderness, found that the lower court had incorrectly assessed the evidence.
The High Court considered Nayo’s version more credible and rejected the officers’ explanation.
It also criticised senior police officials for their lack of understanding of the legal requirements governing searches without warrants.
The court found their conduct unlawful.
Minister Ordered to Pay Costs
The High Court upheld Nayo’s property-damage claim and ordered the Minister of Police to pay legal costs.
However, his separate claim for anxiety and emotional distress was dismissed because of insufficient evidence.
The judgment reinforces the legal protections afforded to South Africans when police enter private homes.
Although officers were investigating a serious crime, the court found that their actions did not meet the requirements for a lawful search.