THE Zimbabwe Anti-Corruption Commission (ZACC) is ready to
hunt the corrupt beyond the grave and wants to seize the estate of the late
Twalumba Holdings director, Dr Nkululeko Sibanda.
ZACC not only wants to prosecute the corrupt, but wants to
strip them of assets gained through corruption and is seeking to get back at
least $300 million of assets by the end of next year.
Dr Sibanda, who was director of Twalumba Holdings, died
after he was jointly charged with ex-Zinara chief executive Frank Chitukutuku
for fraud involving US$4,7 million.
Twalumba Properties, which is implicated in the case, owns
the bulk of land and buildings in the estate of Dr Sibanda. Chitukutuku’s
properties, valued at US$20 million, have since been frozen by the High Court
as part of ZACC’s investigation into the fraud.
The late entrepreneur died at 41, but he left behind 39
stands of between 3 600 and 8 116 square metres with two double storey
buildings and six single storey houses.
ZACC reckons at least part of that real estate fortune
might have been bought with proceeds of crime.
Dr Sibanda also owned commercial immovable properties and
over 20 undeveloped six-hectare agro-residential plots registered in the names
of Twalumba Properties and Attachards Enterprises.
Most of the properties are registered under Twalumba
Properties, a company that is implicated in the fraud case that was
investigated by ZACC.
In a letter to the Master of High Court on 6 November this
year, ZACC chairperson Justice Loice Matanda-Moyo disclosed the commission’s
interest in the estate of the late Dr Sibanda saying processes were underway to
seek confiscation of the assets.
“Please be advised that the Zimbabwe Anti-Corruption
Commission is seized with criminal case which has been referred to the National
Prosecuting Authority, wherein the late Nkululeko Sibanda was jointly accused
with Frank Chitukutuku and two others for contravening Section 136 of the
Criminal Law (Codification and Reform) Act with actual prejudice of US$4,7
million.
“ZACC is now proceeding with the civil confiscation application
through the NPA in accordance with Section 80 of the Money Laundering and
Proceeds of Crime Act to recover the US$4,7 million.
“Accordingly, be advised that ZACC is therefore noting its
interest in the estate of the late Nkululeko Sibanda,” reads the letter.
The letter was also copied to the executor of the estate,
Mr Caleb Mucheche, who has since pledged to cooperate.
“We reiterate and underscore that, in sync with serving the
best interests of justice and the rule of law, we will render maximum
cooperation with your organisation as you relentlessly pursue the due process
of law in tandem with your constitutional legal mandate of combating the vice
and crime of corruption in Zimbabwe.
“We will do our best to regularly keep your esteemed office
posted of any future developments concerning any ensuing stages in the process
of the administration of this estate,” reads the executor’s response.
Meanwhile, Chitukutuku recently had his assets frozen by
the High Court after the NPA raised the red flag that the property may be
tainted.
The decision was made following an ex-parte application by
Prosecutor-General Mr Kumbirai Hodzi for an unexplained wealth and asset
freezing order in terms of Section 37B as read with Section 37H of Presidential
Powers (Temporary Measures) (Amendment of the Money Laundering and Proceeds of
Crime Act and the Exchange Control Act) Regulations, 2018 (Statutory Instrument
246 of 2018).
Justice Ndewere ruled in favour of the State and barred any
interested parties from dealing, in any way, with the property in question.
The order was issued after convincing arguments by the
prosecution team led by chief law officer Mr Chris Mutangadura. Mr Mutangadura
heads the Asset Forfeiture Unit at the National Prosecuting Authority (NPA).
Chitukutuku acquired 10 motor vehicles between September
2013 and April last year.
These vehicles include two Mazda T35 trucks, a Hino Dutro
truck, Toyota Land Cruiser, Toyota Prado, Nissan NP200, Range Rover, Hino
Ranger and a Land Rover Discovery. Herald
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