1
SWAZILAND
HIGH COURT
SIBUSISO
GULE
Applicant
Vs
COMMISSIONER
OF POLICE
1st
Respondent
ATTORNEY
GENERAL
2nd
Respondent
Civ.
Trial No. 182/2002
Coram Sapire,
CJ
For
Applicant MR. B. MAGAGULA
For
Respondent MS MAMBA
JUDGMENT
(19/03/2002)
In
this matter I have come to the conclusion that the vehicle has got to
be returned. My reasons for doing so are that the vehicle was seized
in terms of Section 16 of the Theft of Motor Vehicle Act of 1991.
Section 16 reads:-
"16.1
Any Police Officer may, without warrant, search and arrest any person
in possession of a motor vehicle if he has reasonable grounds to
suspect that that person has stolen that motor vehicle or has
received that motor vehicle
2
knowing
it to be stolen or has assisted in the stealing of that motor vehicle
and shall seize front that person the motor vehicle and any document
in relation to that motor vehicle."
In
the present case the applicant brought his vehicle to the police
station and it was there seized purportedly in terms of this section
but there is nothing to show that the police had any reason to
believe that the applicant stole the vehicle or that he received it
knowing it to be stolen or that he assisted in the stealing of the
motor vehicle. The evidence on behalf of the respondent goes no
further than to suggest that the vehicle may have been stolen. There
is nothing to connect the theft or subsequent knowing illegal conduct
on the part of the applicant. The vehicle is to be returned to the
applicant forthwith.
SAPIRE,CJ
