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