Through the National Prosecuting Authority (NPA) and the
Ministry of Foreign Affairs, Zimbabwe has sent requests to the United Arab
Emirates, China, South Africa, United Kingdom and the Isle of Man for
assistance in tracking down and seizing assets owned by convicts and suspects
in corruption cases.
It is strongly believed that some money looted in Zimbabwe
by high-profile individuals, including politicians, was externalised and used
to buy properties in foreign lands.
Zacc commissioner for legal affairs Ms Jessie Majome, said
processes were already in motion to seize tainted property in the five
jurisdictions. The Isle of Man is generally regarded as part of Britain but is
a separate legal jurisdiction for some purposes and so needs a separate
approach.
“A total of five case files were referred to the NPA for
further referral to Interpol and the Ministry of Foreign Affairs for Mutual
Legal Assistance Request in different jurisdictions namely, South Africa,
United Arab Emirates, United Kingdom, China and the Isle of Man.
“The properties have an estimated total value of US$13 516
728.00 ($1 094 854 968. 00). The parties involved are notable
politically-exposed persons, one of whom, is involved in the NatPharm saga,
whom we cannot name at this stage in order not to jeopardise our
investigations,” said Comm Majome.
Comm Majome said locally, Zacc managed to seize 24 vehicles
now parked at the Zacc Strathaven premises in Harare as part of the
commission’s thrust to recover ill-gotten wealth. The vehicles are valued at
US$1,5 million.
“The asset forfeiture unit seized a total of 24 motor
vehicles and the same are held at our offices at Number 5 Golda Avenue
Strathaven, Avondale. The motor vehicles have a total value of US$1 500
000.00,” she said.
Zacc has also referred to the NPA eight more files in which
they seek to forfeit houses and other immovable properties in Zimbabwe and
these cases are now pending at the High Court.
“A total of eight immovable properties were seized and are
still under investigations. These properties are valued at US$2 070 500.00
(ZWL$165 640 000.00). Zacc is seized with 36 cases since we introduced civil
asset forfeiture and recovery strategy (outside criminal convictions) as the
current commission came into office in 2019,” said Comm Majome.
Zacc’s civil forfeiture efforts recently began to bear
fruit with the High Court ordering forfeiture of a house in Mabvazuva suburb of
Ruwa worth US$100 000.
The house, built on a 600 square metre stand, belonged to a
Parirenyatwa Group of Hospitals stores controller, Russel Tatenda Mwenye, who
is facing criminal corruption charges after he ordered supplies at inflated
prices from a company he was connected with.
The High Court found there was a probable chain of links
connecting the purchase of the house to the inflated prices of the successful
supplier.
Parirenyatwa reportedly lost US$500 000 and more than $600
000 after Mwenye allegedly flouted the tender procedures and offered Silksilver
Investments (Pvt) Ltd the tender to supply medical sutures on many occasions.
He then allegedly used the proceeds generated by these
awards to build a house in Mabvazuva, Ruwa.
When Justice Loice Matanda-Moyo joined Zacc in May 2019, no
asset recoveries were being done but she has introduced the idea of forfeiting
all ill-gotten wealth.
Asset forfeiture and seizure is a civil matter, where the
proof required is on the balance of probabilities. Criminal convictions rely on
the stricter standard of beyond reasonable doubt.
This means that while there might not be proof to convict
someone, the same evidence shows that person probably acquired the assets
dubiously and so these can then be seized. Herald
0 comments:
Post a Comment