IMMIGRATION ACT (as at 10th October, 2006) (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. (5) The conditions of a bond entered into in terms of subsection (4) shall specify that the person referred to in that subsection shall submit the vehicle, aircraft or boat to the jurisdiction of the court when so required by the Minister and the bond may contain such other conditions as the Minister thinks fit to impose in the circumstances. (6) Upon breach of any condition of a bond entered into in terms of subsection (4), any magistrates court may, on the application of the Minister, give judgment against the person referred to in that subsection or his sureties in accordance with the bond. PART VIII GENERAL 38 Persons in transit through Zimbabwe When any person— (a) has been removed from any country other than Zimbabwe under a warrant or order issued or made in such other country on the ground of his being an alien or of his having been found guilty of an offence in such country; and - 22 -