Your question
So someone went on my farm and stole my water pump. I told the police and the police cornered the suspect. The suspect said that it's his. The police told us that they can't do anything, he claims it's his, we claim it's ours. Is that how the law works?
Not necessarily. The supplied sources do not state that police may simply stop investigating because the suspect claims ownership, but they also do not establish a general duty to arrest or seize the pump in those circumstances. 1 5
The Police Regulations deal with abandoned, lost or unclaimed property. Such property must be handed in at a police station, recorded and stored, and, where the owner or a person apparently entitled to possess it is known, that person must be called upon by written notice to claim it, provided possession is lawful. 5 2
If the pump is in police custody, the Regulations provide procedures for identifying and disposing of it, including possible delivery to a person apparently entitled to possess it, public auction in specified circumstances, or other disposal under an applicable law. 1 2 Those provisions do not themselves determine which of two competing claimants owns the pump. 1 2
The sources supplied do not provide enough information to say whether the police acted unlawfully, whether they had sufficient evidence to charge the suspect, or what civil procedure is available to establish ownership. The supplied stock theft, motor vehicle theft and animal trespass provisions do not apply on their face to a water pump. 3 4 6
Verified sources
Where this answer comes from
Police Act 19 of 1990-Regulations 1994-167
and (b) the estimated value thereof is considered sufficient to justify the expenditure. (5) Unless property as referred to in subregulation (1) has in terms of paragraph (a) or (b) of that subregulation or subregulation (3) been disposed of or is likely to be disposed of within a reasonable time and the possession of such property by the bona fide finder is not in conflict with any law, such finder may, if he or she can be located, be called upon by way of written notice either served on him or her personally or sent by registered post to his or her last- known address to claim such property subject to the provisions of subregulation (7)(a), after the expiry of three calendar months or, in...
Police Act 19 of 1990-Regulations 1994-167
Republic of Namibia 31 Annotated Statutes REGULATIONS Police Act 19 of 1990 Regulations made under the Police Act, 1990 (Act 19 of 1990) her last-known address, to claim such property, which may then be delivered to him or her provided he or she is prepared to - (a) defray any expenditure which may be incurred in taking care of, storing, maintaining or advertising the property or which may be incurred in the delivery thereof; and (b) give a receipt therefor and, if so required, sign an indemnity on the prescribed form: Provided that if the property referred to in subregulation (1) is a motor vehicle and the owner or a person apparently entitled to the possession of such vehicle fails within...
Motor Vehicle Theft Act 12 of 1999
(3) Notwithstanding anything to the contrary in any other law contained, any member of the police may, in the performance of the functions referred to in section 13 of the Police Act, whenever such member has reasonable grounds for believing that any person is in possession of a motor vehicle part which has been stolen, and where delay in obtaining a warrant to search such person or any container or premises for the purpose of seizing such motor vehicle part carries with it the danger of prejudicing the objects of the search, and if - (a) such search is related to the objectives of this Act; (b) such search is not excessively intrusive in the light of the offence; and
Stock Theft Act 12 of 1990
is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence. Absence of reasonable cause for believing stock or produce properly acquired
Police Act 19 of 1990-Regulations 1994-167
abandoned, lost or unclaimed property, shall hand in such property at a police station for safe- keeping and ultimate disposal m accordance with the provisions of this regulation: Provided that - (a) live-stock shall be sent to the nearest pound for disposal in accordance with the provisions of the pound laws which apply in respect of the particular area; and (b) if any other law provides for the disposal of such property, the provisions of such law shall be complied with. (2) Particulars of the property referred to in subregulation (1) shall be recorded in registers prescribed by the Inspector-General and stored in the manner prescribed by him or her until such property can be disposed of i...
Trespass of Animals Ordinance 16 of 1939
Any person contravening the provisions of this section shall be guilty of the crime of theft, and liable on conviction to all the penalties provided by law in respect of the said crime; provided that the enforcement of any penalty or sentence imposed shall not deprive the owner of any legal right he may have to recover from such proprietor the value of such animal and any damage sustained by reason of its detention or sale.