C. OF A.
(CIV) NO.33 OF 1995

IN THE
LESOTHO COURT OF APPEAL

In the
matter between:

ATTORNEY
GENERAL 1ST APPELLANT

O/C
TEYATEYANENG POLICE 2ND APPELLANT

AND

TSOLOANE
MAKOALA

HELD AT
MASERU

CORAM:

BROWDE JA

KOTZE' JA

V.D.
HEEVER AJA

JUDGMENT

KOTZE, JA

The
respondent in this appeal applied for, and obtained, in the High
Court an order against the Officer Commanding the Teyateyaneng
Police
(the appellant) to restore to the respondent forthwith certain three
motor vehicles lawfully registered, in his name which
vehicles were
removed from respondent's peaceful and undisturbed possession by
members of the force under the appellant's command
on 25th August,
1995. The appellant now appeals to this Court against the said order.

The
appellant did not deny and indeed admitted that respondent was in
peaceful possession of the vehicles in question

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at the
relevant time and furthermore admitted that his possession was
disturbed by the removal of the vehicles. The contention raised
by
the appellant was that the police had the right so to do "in
terms of Section 14(2) of the Road Traffic Act No.8 of 1981."

Section 14(2) confers power on a police officer to seize any motor
vehicle the registration of which was obtained through the use
or
production of a false document.

The
appellant's opposing affidavit in the court a quo raises no
suggestion at all that false documents were used or produced to

secure registration of any of the vehicles seized on 25th August,
1995. The appellant seeks to justify the police conduct by means
of
the undermentioned allegation:-

"We informed applicant of our suspicion and demanded from him
the registration papers in respect thereof. Applicant refused
to
produce the papers whereupon we seized the said vehicles."

Mere or
even reasonable suspicion does not suffice. The actual use or
production of false documentation is a pre-requisite of the
power of
seizure conferred by section 14(2). The police acted in a totally
arbitrary and high-handed manner. The appeal is dismissed
with costs.

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G.P.C.
KOTZE'

JUDGE OF
APPEAL

I agree

J. BROWDE

JUDGE OF
APPEAL

I agree

L. VAN
DEN HEEVER

ACTING
JUDGE OF APPEAL

Delivered
at Maseru on .......... day of June, 1996.