- Under what circumstances can a stolen vehicle be seized in your country?
A vehicle may be seized by Police under circumstances contained in sections 49, 51 and 52 of the Zimbabwe Criminal Procedure and Evidence Act Chapter 9:07.
Section 49 of the said Act states that; The statemay in accordance with this part, seize any article
Which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within Zimbabwe or elsewhere; or
Which it is on reasonable grounds believed may afford evidence of the commission or suspected commission of an offence whether within Zimbabwe ore elsewhere; or
Which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.
Section 51 of the said Act states; A police officer may without a search warrant search any person or container or premises for the purposes of seizing any article referred to in section 49 and additionally or alternatively seize any such article.
Section 52 of the said Act states; On the arrest and search of any person, the person making the arrest may
If he is a peace officer, seize any article referred to in section 49 which is in the possession or under the control of the person arrested and where such peace officer is not a police officer, shall forthwith deliver any such article to a police officer or
If he is not a peace officer, seize any article referred to in section 49 which is in the possession or under the control of the person arrested and shall forthwith deliver any such article to a police officer.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
The legal owner is notified through Interpol Harare and also by Police Officers through the use of Police to Police bi lateral or multi lateral agreements.
- Who is responsible for the storage of seized vehicles?
Police in most cases are responsible for the storage of any seized stolen vehicles but there are rare occasions when Customs Officials impound such vehicles.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
Where Police Officers have impounded and done the storage, no fees are charged but where Customs Officials impound they charge storage fees and the legal owner pays the fees upon release of the vehicle.
- How does a stolen vehicle get restored to its legal owner?
A stolen vehicle is restored to its legal owner outside Zimbabwe in terms of section 13 subsections 8,9 and 10 of the Zimbabwe Criminal Matters (Mutual Assistance) Act Chapter 9:06 and through procedures contained in Police to Police bi lateral or multi lateral Agreements e.g. The Multi lateral Co-operation Agreement in the Field of Crime Combating. The vehicle is handed over to the Police organization of the legal owner. Police have authority to restore the vehicles in terms of the above-mentioned agreements.
Where a vehicle was subject to a court process the court may order restoration or may authorize release in terms of the ‘Mutual Assistance Act. A court order is necessary in those circumstances.
The owner must be able to produce to the Police, original vehicle registration book and positive physical identification of the vehicle.
- Are there any time limits associated with recovery of the vehicle? (i.e. after a certain period of time the vehicle becomes the property of the state or police, etc.)?
Generally, the time limit associated with recovery of vehicles is three months after which the vehicle will be disposed according to the laws of Zimbabwe. However, the period may exceeded depending on the merits of the case e.g. where the case is pending in court or where the legal owner is known and for some good reasons cannot meet the aforementioned period.
- Please give details of relevant legislation
Time limits associated with recovering of the vehicle are:-
In terms of the Zimbabwe Criminal Matters (Mutual Assistance) Act, section 13 (10) provides for a period not exceeding one month.
In terms of the Zimbabwe Criminal Procedure and Evidence Act, section 59 subsection (2), gives a period of three months.
- Does your country have any bilateral treaties, conventions, or agreements with other countries dealing with the recovery of stolen property? If so, please describe how they operate and give details of the countries concerned
Yes. Zimbabwe has bi lateral and multi lateral agreements with all SARPCCO countries. For any other countries, the recovery is dealt with in terms of the Acts aforesaid.
- Reference point, for assistance in case of difficulties
NCB HARARE Contact Officer: MUGADZA MARGARET
Telephone number: 263 4 799457 / 724216
Mobile number: 263 912 363317
Email address: margaretmugadza@yahoo.com
Address:
INTERPOL NCB HARARE
CRIMINAL INVESTIGATION DEPARTMENT HQ
CNR JOSIAH CHINAMANO AND 10TH STREET
MORRIS DEPOT
P.O.BOX CY 683
CAUSEWAY,
HARARE
Last update: June 2008