Holding on to company property

[HR Solutions]

It has to have been unlawfully appropriated. In this case it wasn't, it was given to him.

As far as I see it, it was on loan to him for the period he works for the company. I "give" all our consultants laptops for the period they work for us. The day they leave it gets returned to the company. If I want or need to use it or need to do an upgrade it must be available to the company. So it is not a matter of giving it to him. It is still the company's property.

[BusFact]

Absolutely. It remains the company property and must be returned. All I'm saying is that I don't think its criminal theft if it doesn't get returned. Rather its a civil case where the company would have to sue the ex employee for the return of the goods.

There is a SAPS crime category for using a vehicle without the owners permission, but I think this only applies when it was taken by someone known to the complainant without their permission at the time, but who may have had permission in the past. Also not sure if this applies to other types of assets too.

The only concern I would have is that even if the SAPS CSC opens the case (which I think is unlikely), and the detective proceeds to court with the matter (less likely) and the prosecutor decides to prosecute, then according to you, the charge remains on your record despite the magistrate chucking it out of court. That might be a difficult situation to explain to a future potential employer.

[Basment Dweller]

I don't think its criminal theft if it doesn't get returned. Rather its a civil case where the company would have to sue the ex employee for the return of the goods.

This^

[sterne.law@gmail.com]

It is not theft because the intention is lacking.
See Van Collier 1970 1 SA 417 (A)
See http://www.saflii.org/za/cases/ZAGPJHC/2009/16.html