Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)Part 8 : Law enforcement41. Forfeiture |
| (1) | The court convicting any person of an offence under this Act involving the undertaking of unauthorised transport may declare the vehicle used and any freight conveyed on it without authority, or the convicted person’s rights in such vehicle or freight, to be forfeited to the State: Provided that such declaration does not affect any rights which any person other than the convicted person may have to the vehicle or freight in question, if it is proved that such other person– |
| (a) | could not reasonably be expected to have known or had no reason to suspect that the said vehicle was being or would be used for unauthorised transport or that he or she could not prevent such use; or |
| (b) | where the person knowing that the person intended to use the vehicle for unauthorised transport could not have reasonably prevented such use. |
[Subsection (1) substituted by section 16 of Act No. 12 of 2008]
| (2) | Section 35(4) of the Criminal Procedure Act, 1977, applies with reference to any forfeiture under subsection (1). |