"a) Dispensing with the rules of the above Honourable Court and hearing this matter as a matter of urgency;
b) Directing the 1st Respondent to release to Applicant the under-mentioned motor
1 x VW Golf Sedan 1990 model bearing registration number SD 157 XH engine number HY083500, chassis number AAV222172K4020430.
Costs of suit in the event the application is opposed.
Further and/or alternative relief.
The founding affidavit of the Applicant is filed in support thereto. Confirmatory affidavits of one Solomon Nhlengethwa and Nelisiwe Qwabe are also filed. Annexure "A" being a letter of agreement between the Applicant and one Michael Zulu is also filed.
The Respondents opposed the application and the answering affidavit of 3249 Detective Sergeant Jabulani Thwala is filed.
The Applicant avers that he bought the vehicle from one Michael Zulu sometime on or about September 2003, as evidenced by annexure "A" being the agreement of sale between him and the said Michael Zulu. He intended to register the vehicle under his wife's name and to that end he proceeded with his wife to the Royal Swaziland Police Headquarters, at Siteki where they were granted a Police Clearance Certificate (annexure "B"). For one reason or another the process of registering the vehicle into his wife's name was not finalized.
Sometime on or bout the 21st April 2004, he gave Solomon Nhlengethwa his vehicle to drive. He had requested the vehicle because he was making funeral arrangements for a relative of his who had passed away. Whilst driving the vehicle, he was stopped by the Mbabane Police and was told to drive the vehicle to Mbabane Police Station as they suspected the vehicle was a stolen vehicle. The vehicle has since been detained by the police.
The defence put forth by the Respondents is that the Applicant's motor vehicle was seized and detained in terms of Section 4 (b) of the Theft of Motor Vehicle Act, 16 of 1991. Upon examination by Detective Inspector G.E. de Jager who is based at South