motor vehicle part without having reasonable cause, proof of which shall be on such person, for believing at the time of such acquisition or receipt that such motor vehicle or motor vehicle part is the property of the person from whom he or she acquires or receives it or that such person has been duly authorized by the owner thereof to deal with it or dispose of it, shall be guilty of an offence. (2) In this section “public sale” means a sale effected - (a) at any public market; or (b) by any motor dealer during the hours when his or her business may in terms of any law remain open for the transaction of business; or (c) by an auctioneer at a public auction; or (d) in pursuance of an order of a competent court. Prohibition of dealing in stolen vehicles or motor vehicle parts 4. (1) No person shall, either as principal or as agent, engage in the business of - (a) selling - (i) stolen motor vehicles or stolen motor vehicle parts; or (ii) any motor vehicle the engine number, chassis number, registration number or registration mark or any identification mark of which has been falsified or counterfeited, or substituted, altered, defaced, obliterated or mutilated or tampered with in any other way without the written consent of a registering authority; or (b) dealing in any other manner in stolen motor vehicles or stolen motor vehicle parts or in any motor vehicle referred to in subparagraph (ii) of paragraph (a). (2) Any person who contravenes a provision of subsection (1), shall be guilty of an offence. (3) In this section - “business” includes any undertaking or activity which has for its object the acquisition of gain by any person; “registering authority” means a registering authority appointed under section 10 of the Road Traffic and Transport Act. Report by motor dealers 5. (1) Any motor dealer or any manager, employee or agent of a motor dealer’s business who discovers or has reasonable grounds to suspect that, with respect to a motor vehicle or a motor vehicle engine received by or delivered to him or her in the course of such business - (a) the engine number, chassis number, registration number or registration mark of, or any identification mark on, such motor vehicle; or mentioned
11. (1) Any person who, purporting to act this Act, wrongfully and maliciously or without probable cause arrests, or seizes the property of or under the control of, any other person or effects any search, shall be guilty of an offence. (2) Nothing in this section contained shall be construed as taking away or diminishing any civil right or liability in respect of a wrongful or malicious arrest. Conspiracy and inducing another person to commit offence 12. Any person who - (a) conspires with any other person to aid or procure the commission of or to commit; or (b) incites, instigates, commands or procures any other person to commit, an offence under this Act, or an offence at common law involving the theft of a motor vehicle or motor vehicle part, shall be guilty of an offence and on conviction be liable to the penalties to which a person convicted of actually committing that offence would be liable. Competent verdicts 13. (1) Any person who is charged with the theft of a motor vehicle or motor vehicle part may be found guilty of - (a) the theft of or an attempt to commit the theft of such motor vehicle or motor vehicle part; or (b) receiving such motor vehicle or motor vehicle part knowing the same to have been stolen; or (c) inciting, instigating, commanding or procuring or conspiring with another person - (i) to steal such motor vehicle or motor vehicle part; or (ii) to receive such motor vehicle or motor vehicle part; or (d) knowingly disposing of, or knowingly assisting in the disposal of, a vehicle or motor vehicle part which has been stolen or which has been received with knowledge of it having been stolen; or (e) contravening section 2(a)(i) or (b)(i) or 3(1). [paragraph (e) amended by Act 17 of 2004] (2) Any person charged with the of a motor vehicle or motor vehicle part belonging to a particular person may be found guilty of any of the offences in subsection (1), notwithstanding the fact that the prosecution has failed to prove that such motor vehicle or motor vehicle part actually did belong to such particular person. Act applicable in all where charge is one of theft of motor vehicle or motor vehicle part