CIV/APN/155/86 IN THE HIGH COURT OF LESOTHO

In the matter between.

TEBOHO MOKOLANE Applicant

v

OFFICER COMMANDING CID (QUTHING) 1st
Respondent
COMMISSIONER OF POLICE 2nd Respondent

THE ATTORNEY GENERAL 3rd Respondent

JUDGMENT

Delivered by the Hon. Acting Mr. Justice D. Levy on
the 30th day of May, 1986

This matter differs from the other matters I have heard
today although all were heard together. The Applicant for the return
of his
vehicle is also a different person.

In this case the vehicle which is claimed is alleged by
the Respondent to bear a false registration number, A0554. This
number it
is said belonged to a vehicle which was the property of
certain Masupha Mofoka which was a Datsun Coaster 1977 model and not
an E20
Datsun 1979 model mini bus. The former vehicle was
deregistered and the number A 0554 was allotted to another vehicle
owned by Collier
& Yeats and which is a Toyota Van.

Prima facie, therefore, Applicant has been using vehicle
A 0554 in contravention of Section 10(2) of the Road Traffic Act 1981
which
prohibits the driving or possession of a vehicle bearing a
false registration number. Section 10(5) provides that a Court
convicting
a person of this offence may declare the vehicle forfeited
to the State unless a lawful claimant claims possession of the
vehicle

/in terms ...

-2-

In terms of Section 10(6). At this stage the police are
investigating the true ownership of this vehicle.

Applicant claims that he bought it legitimately from
Masupha Mofoka, but if he did then it is not the vehicle A 0554 which
was lawfully
registered in Mofoka's name. Applicant has so far failed
to prove lawful ownership of this vehicle. Moreover the police are
entitled
for the similar reasons set out in CIV/APN/152/86 to detain
this vehicle pursuant to the provision of Section 52 of the Criminal
Procedure Act.

This application is dismissed with costs.

D. LEVY ACTING JUDGE

30th May, 1986

For the Applicant Mr. M. Gwentshe
For the
Respondents Mrs Ntsonyana