Former Police Commissioner-General Augustine Chihuri wants
to nullify a High Court order forcing him to explain his wealth, links and
interest in a swathe of companies, and that he and his family acquired large
property holdings and other assets.
He approached the High Court last week after all his known
Zimbabwean assets were placed under management, while he must explain his link
to the companies and properties which the State listed for potential forfeiture.
Chihuri is being accused of side-tracking US$32 million of
public funds into family companies and buying properties.
The order, which the National Prosecuting Authority
obtained at the High Court last month, also encumbered Chihuri and the family’s
various properties which were simultaneously placed under the management of the
Asset Management Unit.
Chihuri, who is being represented by Kantor and Immerman
law firm, argues that when the order was granted neither he nor others listed
were given any prior notice of the proceedings, or given an opportunity to
respond to the allegations that allegedly support the unexplained wealth order.
The order made is an ex parte order, that is one made
without the other party aware.
It provides instant relief, albeit on a temporary basis and
usually issued when immediate relief is needed and when scheduling a regular
hearing and providing notice to the other party is not feasible.
Chihuri argues that the unexplained wealth order
constituted a “gross irregularity and a fundamental breach of their legal
rights” and wants the High Court to declare certain provisions of the Money
Laundering and Proceeds of Crime (Amendment) Act, 2019, infringe the
constitution.
“It is my respectful submission that once it is found, as
it should be, that the provisions of the Act in terms of which unexplained
wealth order was sought and granted are constitutionally invalid, then good
cause undoubtedly exist for the setting aside of the unexplained wealth order
as it is an incurably bad law,” said
Chihuri.
In challenging the constitutionality of the impugned
provisions of the Act at the High Court, Chihuri and his family rely on a
constitutional provision that gives courts subordinate to the Constitutional
Court the power to make constitutional declarations and to pronounce as
invalid, offensive pieces of legislation, although any such finding is subject
to confirmation by the Constitutional Court.
Chihuri argues that if for any reason, the High Court does
not wish to consider the constitutional matter, then the constitutional
questions he is raising should be referred to the Constitutional Court for
determination.
The State seeks to freeze Chihuri’s companies and the
properties, which his family acquired during his 25 years at the helm of the
police force, pending the final outcome of possible criminal investigations and
civil suits.
Justice Felistas Chatukuta last month granted an
application by Prosecutor-General Mr Kumbirai Hodzi for an order forcing
Chihuri and his wife, Isobel Halima Khan, to explain how they acquired their
properties and to interdict them from having any dealings with the companies.
Chihuri and his co-respondents listed on the application
did not contest the application.
Chihuri’s daughter Samantha Hamadziripi Chihuri, and son
Ethan Takudzwa Augustine Chihuri were listed as respondents in the application
along with relatives Aitken and Netsai Khan and the six companies — Croxile
Investments, Adamah Enterprises, Mastermedia (Pvt) Ltd, Mastaw Investments and
Rash Marketing.
The companies won orders for the supply of goods and
services without going to tender.
According to the uncontested order, Chihuri is required to
explain his relationship with Nodpack Investments (Pvt) Ltd, Croxile
Investments (Pvt) Ltd, Mastaw Investments (Pvt) Ltd, Rewstand Enterprises (Pvt)
Ltd, Rash Marketing (Pvt) Ltd and Adamah Enterprises (Pvt) Ltd. Herald
0 comments:
Post a Comment