Tsubakwane Elias Mothwa v The State

The complainant was robbed at gunpoint of a Toyota Corolla belonging to Budget Rent A Car in Soshanguve on 14 September 2012. Three days later, on 17 September 2012, the vehicle was found in the possession of the appellant at the Skilpadhek border post while he was attempting to cross into Botswana. The appellant was in possession of registration documents reflecting the vehicle as registered in the name of L P Molamudi. The State relied primarily on the doctrine of recent possession and the evidence of a police officer who suspected the appellant of being part of a syndicate transporting stolen vehicles across borders. The appellant consistently explained that he had been asked by another person to transport the vehicle and that he had supporting documents. No investigation was conducted by the police to verify this explanation or the registration details.

The appeal was upheld and the conviction and sentence were set aside.

The case is significant for reaffirming the cautious application of the doctrine of recent possession, particularly in relation to motor vehicles. It underscores that the doctrine cannot be used to reverse the onus of proof and that the State must properly investigate and disprove an accused’s explanation before an adverse inference may be drawn.