- Is amended by Motor Vehicle Theft Amendment Act, 2004
- Is amended by General Law Amendment Act, 2005
- Is commenced by Commencement of the Motor Vehicle Theft Act, 1999
Motor Vehicle Theft Act, 1999
Act 12 of 1999
- Published in Government Gazette no. 2150 on 26 July 1999
- Assented to on 6 July 1999
- Commenced on 1 April 2000 by Government Notice of 2000
- [This is the version of this document from 28 December 2005 and includes any amendments published up to 6 October 2022.]
- [Amended by Motor Vehicle Theft Amendment Act, 2004 (Act 17 of 2004) on 17 December 2004]
- [Amended by General Law Amendment Act, 2005 (Act 14 of 2005) on 28 December 2005]
1. DefinitionsIn this Act, unless the context otherwise indicates -“builder” means any person who manufactures or assembles motor vehicles in whole or in part from used components for the purpose of sale or disposal otherwise commercially;“clearance certificate” means a certificate issued by the police confirming the lawful owner of a specific motor vehicle;“Criminal Procedure Act” means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);“dealing in”, in relation to a motor vehicle or motor vehicle part, includes performing any act in connection with the manufacture, assembly, supply, sale, disposal, purchase, acquisition or receiving in Namibia, or the importation into or exportation out of Namibia, of a motor vehicle or motor vehicle part;“identification mark” means any mark (other than a registration mark) made or placed, for the purpose of identification, on a motor vehicle in such a manner as to be as far as possible indelible, and includes -(a)any mark which is cast, engraved, etched or printed; or(b)any identification plate or secret number which is affixed by a manufacturer or owner,onto a motor vehicle for that purpose;[definition of “identification mark” substituted by Act 17 of 2004]“importer” means any person who imports new or used motor vehicles or motor vehicle parts into Namibia for the purpose of sale or disposal otherwise commercially;“manufacturer” means any person who manufactures or assembles new motor vehicles for the purpose of sale or disposal otherwise commercially;“member of the police” means a member of the Namibian Police Force as defined in section 1 of the Police Act;“Minister” means the Minister responsible for policing;[definition of “Minister” amended by Act 14 of 2005]“motor dealer” means any person who is engaged in the business of dealing in motor vehicles or motor vehicle parts, or both, and includes -(a)a manufacturer;(b)a builder;(c)an importer;(d)a repairer of motor vehicles;(e)a panelbeater of motor vehicles; and(f)in relation to a scrapyard for motor vehicles or motor vehicle parts, or both, the owner of such scrapyard;“motor vehicle” means any self-propelled vehicle, and includes -(a)a caravan;(b)a motor cycle;(c)a motor quadrucycle;(d)a motor tricycle;(e)a trailer; and(f)a vehicle the tare of which exceeds 30 kilograms and having pedals and an engine or an electric motor as an integral part thereof or attached thereto and that can be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not include -(i)a pedestrian-controlled vehicle propelled by electrical power derived from storage batteries; or(ii)a vehicle the tare of which is less than 230 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from a physical defect or disability and is used solely by such person;“motor vehicle key” means any instrument which is used for the purpose of setting the machinery of a motor vehicle in motion;“motor vehicle part” means any one of the several units of which a motor vehicle is composed of as a whole, and includes the engine and chassis thereof and any accessories ordinarily used therewith;[definition of “motor vehicle part” substituted by Act 17 of 2004]“police” means the Namibian Police Force established by section 2 of the Police Act;“Police Act” means the Police Act, 1990 (Act No. 19 of 1990);“possession” includes having in custody or under control;[definition of “possession” substituted by Act 17 of 2004]“registration mark” means a registration mark prescribed in accordance with the provisions of Chapter 3 of the Road Traffic and Transport Act;“regulation” means a regulation made under section 24;“Road Traffic and Transport Act” means the Road Traffic and Transport Act, 1999;“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale, or to exchange or to dispose of for any consideration whatever, or to transmit, convey or deliver in pursuance of such sale, exchange or disposal, and “sale”, “seller”, “selling” and “sold” shall have a corresponding meaning;“tamper”, in relation to any engine number, chassis number, registration number, registration mark or identification mark, includes to add anything to or to remove anything from any such number or mark, or to reconstruct a new number or mark therefrom;[definition of “tamper” amended by Act 17 of 2004]“this Act” includes the regulations made thereunder;“vehicle” means a device designed or adapted principally to travel on wheels or crawler tracks, but does not include a device designed to move exclusively on rails.
2. Failure to give satisfactory account of possession of or tampering with motor vehicle or motor vehicle partAny person who is found in possession of -
3. Absence of reasonable cause for believing motor vehicle or motor vehicle part properly acquired
4. Prohibition of dealing in stolen motor vehicles or motor vehicle parts
5. Report by motor dealers
6. Disposal, purchase or sale of motor vehicles
7. Unlawful acts in relation to motor vehicle, registration mark, identification mark or motor vehicle key
8. Search, seizure and arrest
9. Proceeds of criminal activity
10. Unclaimed motor vehicles
11. Malicious arrest and search
12. Conspiracy and inducing another person to commit offenceAny person who -
13. Competent verdicts
14. Act applicable in all cases where charge is one of theft of motor vehicle or motor vehicle partThe provisions of this Act shall apply in every case where an accused is indicted, summoned or charged in respect of the theft of a motor vehicle or motor vehicle part, notwithstanding the fact that this Act is not referred to in the indictment, summons or charge.
15. Penalties for certain offences under this Act
16. Penalties for certain other offences relating to theft of motor vehicle or motor vehicle part
17. Suspension or cancellation of driving licences
18. Orders of compensation
19. Previous convictionOn a conviction for an offence under this Act, a previous conviction for a similar offence under any other law shall be deemed to be a previous conviction under this Act.
21. Proof of certain factsIn any criminal proceedings at which an accused is charged with an offence under this Act, or with an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 13, any statement, entry, record or information in or on any book, register, document or computer storage medium kept by or on behalf of the accused shall be admissible in evidence as an admission of the facts in or on such statement, entry, record or information by the person who made, entered, recorded or stored it, unless it is proved that such statement, entry, record or information was not made, entered, recorded or stored by such person within the scope of his or her functions.
22. Evidence of previous conviction on charge relating to stolen motor vehicle or motor vehicle partWhere in any criminal proceedings at which an accused is charged with an offence under this Act, or with an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 13, it is proved that a stolen motor vehicle or stolen motor vehicle part was found in the possession of the accused, evidence may at any stage of the proceedings be given that the accused was, within the five years immediately preceding the date on which he or she first appeared in court in respect of such charge, convicted of an offence involving the possession or acquisition of stolen property, and such evidence may be taken into consideration for the purpose of proving that the accused knew that the motor vehicle or motor vehicle part found in his or her possession was a stolen motor vehicle or motor vehicle part: Provided that not less than three days’ notice in writing shall be given to the accused that it is intended to adduce evidence of such previous conviction.
23. Jurisdiction of magistrates’ courtsNotwithstanding anything to the contrary in any other law contained -
24. RegulationsThe Minister may make regulations not inconsistent with the provisions of this Act with regard to any matter which the Minister may deem necessary or expedient to prescribe in order to achieve or promote the objects of this Act or to effectively administer this Act.
25. Application of sections 36 and 37 of General Law Amendment Act, 1955, to motor vehicles and motor vehicle partsNotwithstanding anything to the contrary contained in sections 36 and 37 of the General Law Amendment Act, 1955 (Act No. 62 of 1955), the provisions of those sections shall not apply in respect of motor vehicles and motor vehicle parts.[The General Law Amendment Act 62 of 1955 is not applicable to Namibia. It appears that the reference above should cite sections 6 and 7 of the General Law Amendment Ordinance 12 of 1956, as amended by Ordinance 36 of 1965.]
26. Cases not yet finalizedAny criminal case relating to the theft of a motor vehicle or motor vehicle part which commenced under any other law before the date of commencement of this Act, and any appeal, application or proceedings in or in connection with such a case, shall be continued and concluded as if this Act had not been passed.
27. Short title and commencementThis Act shall be called the Motor Vehicle Theft Act, 1999, and shall come into operation on a date to be fixed by the Minister by notice in the Gazette.
History of this document
28 December 2005 this version
Amended by General Law Amendment Act, 2005
17 December 2004
Amended by Motor Vehicle Theft Amendment Act, 2004
01 April 2000
26 July 1999
Published in Government Gazette number 2150
06 July 1999
Cited documents 4
Documents citing this one 16
- Criminal Procedure Act, 2004
- Kaluwa v State (CA 24 of 2016)  NAHCMD 259 (9 September 2016)
- Kambara v S (HC-MD-CRIMINALI-APP-CAL 3 of 2018)  NAHCMD 140 (10 May 2019)
- Kambindu v S (Application for Leave to Appeal) (CA 4 of 2016)  NAHCMD 116 (19 April 2017)
- Prevention and Combating of Terrorist and Proliferation Activities Act, 2014
- S v Amalovu and Another (CA 39 of 2003)  NAHC 19 (28 June 2005)
- S v Gebhard (CR 92 of 2022)  NAHCMD 453 (1 September 2022)
- S v Kanoge (39 of 2012)  NAHC 275 (12 October 2012)
- S v Kariko (2) (CC 18 of 2009)  NAHC 5 (21 January 2011)
- S v Mberira (CA 88 of 2003)  NAHC 29 (12 August 2005)
- S v Mutjavikua (53 of 2003)  NAHC 69 (16 March 2012)
- S v Ndaumbwa (1) (11 of 2010)  NAHC 40 (21 February 2012)
- S v Pieterson (CC 12 of 2019)  NAHCMD 169 (20 April 2021)
- S v Shekundja (1) (CC 19 of 2017)  NAHCMD 374 (22 November 2018)
- S v Willemse (2) (CA 2 of 2008)  NAHCMD 371 (11 December 2013)
- Uvanga v Steenkamp (1968 of 2014)  NAHCMD 273 (13 November 2015)