or
(g3) being a Zimbabwean citizen, accepts or agrees to accept any money or property to enter into a marriage or form of marriage for an object referred to in paragraph (g2); or
[Paragraph inserted by s. 8 of Act 8/2000.]
(h) contravenes or fails to comply with the conditions under which any exemption,
permit, certificate or other document has been granted or issued to him under
this Act; or
(i) hinders or obstructs any police officer or immigration officer in the execution
of his duties under this Act; or
(j) contravenes any provision of this Act for the contravention of which no penalty
is specially provided;
shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
[Subsection amended by s. 8 of Act 8/2000.]
(2) In any prosecution for an offence in terms of paragraph (d) of subsection (1), it
shall be a defence if the accused proves that he did not know, had no reason to believe
and could not reasonably ascertain, that the person referred to in that paragraph was
being conveyed in contravention of this Act.
37 Forfeiture of vehicles, aircraft or boats
(1) Where any person is convicted under this Act of—
(a) entering or attempting to enter or departing or attempting to depart from
Zimbabwe; or
(b) assisting any person to enter or depart from Zimbabwe; or
(c) conveying or attempting to convey any person into or out of Zimbabwe;
in contravention of this Act, the court may order that any vehicle, aircraft or boat used
for the purpose of or in connection with the commission of the offence shall be forfeited
to the State:
Provided that, if it is proved that such vehicle, aircraft or boat is not the property of
the person convicted and that its owner was—
(a) unaware that the vehicle, aircraft or boat, as the case may be, was being so
used; and
(b) unable to prevent its use for the purpose of or in connection with the commission of the offence;
the court shall not make such order in respect thereof.
(2) Subsections (3) to (6) of section 62 of the Criminal Procedure and Evidence Act
[Chapter 9:07] shall apply, mutatis mutandis, where an order is made in terms of
subsection (1).
(3) Where a police officer or an immigration officer believes on reasonable grounds
that any vehicle, aircraft or boat which is liable to forfeiture in terms of subsection (1) is
likely to be removed from Zimbabwe unless it is detained or security therefor is given,
he may, subject to subsection (4), seize and detain any such vehicle, aircraft or boat so
that it may be submitted to the jurisdiction of the court to be dealt with in accordance
with subsection (1).
(4) Subject to subsection (5) and to such other conditions as he may fix, the Minister may permit the owner or other person entitled to the lawful possession of a vehicle,
aircraft or boat detained in terms of subsection (1), with or without sureties, to enter into
a bond for the release of the vehicle, aircraft or boat in an amount approved by the
Minister and may require such person to deposit such sum as he may fix to satisfy any
judgment which may be given on the bond.
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