Public Order and Security Act [Chapter 11:17] as amended at 1st July, 2006 (a) every member of the Defence Forces who has been detailed to assist the police in any police district in the exercise of their functions under this Act shall be under the command of the regulating authority concerned; and (b) a member of the Defence Forces who is assisting a police officer in the exercise of his functions under this Act shall have the same powers, functions and authority, and be subject to the same responsibilities, discipline and penalties, as a member of the Police Force, and liable in respect of acts done or omitted to be done to the same extent as he would have been liable in the same circumstances if he were a member of the Police Force, and shall have the benefit of any indemnity to which a member of the Police Force would in the same circumstances be entitled. 38 Powers of seizure and forfeiture in relation to vehicles, aircraft and vessels (1) Where any person is convicted of an offence under Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against Public Order") or section 176 ("Assaulting or resisting police officer") or 177 ("Undermining of police authority") of the Criminal Law Code, the court may order that any vehicle, aircraft or vessel 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 vessel is not the property of the person convicted and that its owner was— (a) unaware that the vehicle, aircraft or vessel, as the case may be, was being so used; or (b) unable to prevent its use for the purpose of or in connection with the commission of the offence; 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 judgement 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 this subsection (3), any court may, on application by the Minister, give judgement 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— - 14 -