PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17]
the court shall not make any such order in respect thereof.
(2) Subject to subsection (3), where a police officer believes on reasonable
grounds that any vehicle, aircraft or vessel which is liable to forfeiture in terms of
subsection (1) is likely to be removed from Zimbabwe unless it is detained, he may
seize and detain any such vehicle, aircraft or vessel so that it may be submitted to
the jurisdiction of the court to be dealt with in accordance with subsection (1).
(3) A magistrate may, on application by the owner of a vehicle, aircraft or
vessel seized in terms of subsection (2), permit such owner, or such sureties as the
magistrate may approve—
(a) to enter into a bond for an amount approved by the magistrate; and
(b) to deposit with the clerk of court such sum, if any, as may be fixed by the
magistrate to satisfy any judgment which may be given on the bond;
whereupon the vehicle, aircraft or vessel shall be returned to the owner.
(4) A bond entered into in terms of subsection (3) shall be subject to the
condition that the owner shall submit the vehicle, aircraft or vessel to the
jurisdiction of the court trying the offence concerned when so required, and may be
subject to such other conditions as the magistrate thinks fit to impose in the
circumstances.
(5) Upon breach of any condition of a bond entered into in terms of subsection
(3), any court may, on application by the Minister, give judgment against such
person or his sureties in accordance with the provisions of the bond.
39
Powers of search, seizure and forfeiture generally
(1) For the avoidance of doubt it is declared that—
(a) an arrest or search of any person or premises or of any person or premises
in any area in terms of this Act shall be conducted in accordance with
Parts V and VI of the Criminal Procedure and Evidence Act [Chapter
9:07] or any other enactment which regulates such arrest or search, and,
in particular, subsection (4) of section 41 of the Criminal Procedure and
Evidence Act [Chapter 9:07] shall apply to the search of any woman;
(b) except to the extent expressly provided in this Act, Part VI of the
Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to any
weapon, item capable of use as a weapon, publication, equipment,
vehicle, aircraft, vessel or other article seized or detained in terms of this
Act.
(2) The powers conferred by Parts V and VI of the Criminal Procedure and
Evidence Act [Chapter 9:07] on a police officer may be exercised by any peace
officer within the area round which a cordon has been established in terms of
subsection (1) of section thirty-three.
40
Special jurisdiction of magistrates
(1) Notwithstanding anything in the Magistrates Court Act [Chapter 7:10] or
in any other enactment, where a person is convicted of a contravention of any of
the provisions of this Act—
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