Leasing and finance companies must act in accordance with the law when repossessing vehicles or other equipment provided under finance leases, Police Spokesperson Assistant Superintendent of Police F.U. Wootler said.
He said Section 27 of the Finance Leasing Act, No. 56 of 2000, clearly sets out the procedure to be followed when recovering possession of leased equipment.
The lessor must first notify the officer in charge or headquarters inspector of the police station in the area where the equipment is located. Police assistance may then be sought to prevent a breach of the peace during a lawful repossession, he said.
Wootler said a lessor could take possession of the equipment without resistance from the person holding it. If that person resisted, however, the lessor must seek the assistance of the District Court.
He warned that lessors or their agents could face legal consequences if they acted outside those provisions instead of going to court. Police would investigate and take action if a repossession involved an alleged criminal offence, including robbery, unlawful entry or the forcible seizure of property, he added.
