Criminal Law – Theft of Motor Vehicles Act ,1991- Whether same applicable in the case of motor vehicles allegedly stolen in the Republic of South Africa, but found in Swaziland – Meaning and effect of the principle of theft as a continuing offence – Whilst accused has no duty to prove his innocence, he does have a duty to give a reasonable and probably true explanation where a prima facie case has been made against him – Whether explanation given by the first accused amounts to a reasonable and probably true explanation - Whether a prima facie case made against second accused who gives no explanation – Effect of failure by an accused to give an explanation where a prima facie case was made against him – Whether the accused has a duty to explain himself in such a case – Where an accused fails to give an explanation at all in a situation where he is obliged to, it is open to the court hearing the matter to draw an adverse inference against him.
