In the civil court case where Chihuri is opposing the
forfeiture of his assets, which the Prosecutor General says were probably
bought through corrupt deals during the former top cop’s tenure at the helm of
the police force, Chihuri, through his legal counsel, has claimed that
political victimisation was behind the forfeiture.
But Justice Kwenda was not prepared to accept that
allegations of political harassment could be made against the President as he
was not a party to the proceedings.
“The President is not a party to these proceedings. He is,
therefore, unable to respond to the allegations,” he said.
The judge made the remarks in his judgment that gave
Chihuri some relief but not as much as he had sought.
“I did not order his (the President) joinder because the
alleged personal vendetta has no bearing on the resolution of the dispute
before me,” said Justice Kwenda.
The judge made it clear that the issues for determination
were whether Chihuri and his family had placed before the court facts that
constitute just cause to nullify the unexplained wealth orders granted by the
court in two cases brought by the State.
Under such orders, those affected must show how they
obtained the wealth or risk having it forfeited to the State.
While the judge criticised Chihuri for trying to drag the
name of the President into the case, he ruled that the former police chief
could keep some of the properties he acquired during his 25 years at the helm
of the police force.
But other assets and those of his companies fingered in
possible corrupt business deals with the police force remained under the
unexplained wealth orders.
The properties removed from the unexplained wealth orders
include five vehicles, farm equipment for his two farms in Chinhoyi and Shamva
and several houses, including a magnificent mansion in Gletwyn sitting on 12ha
of land valued at US$7 million. The property combines seven stands all acquired
from the State.
“The acquisition of immovable properties in Gletwyn Township
is not only explained by the applicant (Chihuri) but is something facilitated
by the State,” noted Justice Kwenda. “Such records would, therefore, be
available to the State. The papers of first respondent (PG) ironically state
the sources of the stands in Gletwyn. The source is the State.”
In this regard, the judge referred to a minute from the
Ministry of Local Government, Public Works and National Housing dated May 29,
2018 that confirmed the allocation of the land to the Chihuri family (True Hope
Trust) through a police co-operative, the consolidation of the seven stands and
the allocation of a stand to his wife.
This information was not available before the court when it
granted the two Unexplained Wealth Orders in 2020.
Chihuri’s sources of income were not contested: the long
service spanning over 35 years in the police, large scale commercial farming,
savings from government trips, employment by Interpol, conditions of service
benefits which included high value vehicles which he could and did sell after
holding them for the required period.
“Such information which was not before this court when it
granted the Unexplained Wealth Orders ex parte, constitutes good cause if
looked at objectively,” said Justice Kwenda.
He noted that Chihuri retired after serving the police
force for 37 years and over the period he made savings on salaries, bonuses,
savings from foreign trips and conditions of service benefits.
Chihuri was also a delegate and vice president for Interpol
in Africa and was salaried in United States dollars.
Justice Kwenda also found that Chihuri acquired all the
assets prior to the period during which, the State alleges, he became involved
in serious crime in the year 2017.
“Therefore, the State is not justified in insinuating that
they are proceeds of crime because they were all acquired prior to the year
2014,” noted the judge finding that some of them were acquired in the 80s, 90s
up to 2007.
Documentary evidence was submitted with the application to
prove the acquisition, in some cases, disposal and ownership of the various
properties.
“Most of the property subjected to the Unexplained Wealth
Orders was acquired prior to the period during which the first and second
applicants (Chihuri and his wife) are suspected of having committed serious
crimes,” said Justice Kwenda.
“Such property cannot properly be considered as proceeds of
serious crime in the circumstances of this matter. The period of acquisition is
not contested. The title deeds speak for themselves.”
The PG could not dispute that Chihuri was a successful
commercial farmer from the year 1996, a period of 21 years, said Justice Kwenda
adding that he would not have records of all his produce.
“The law did not impose a duty on him to keep records and
if so for how long. The level at which he conducted his commercial farming
activities is such that it cannot be said that his income was insufficient to
acquire the residential properties listed.”
The judge, however, found that Chihuri had not shown good
cause to set aside the rest of the orders in regard to funds received by four
of his companies — Croxile Investments, Adamah Enterprises, Mastermedia and
Mastaw Investments — from the police force for services rendered.
Chihuri was represented by lawyer Addington Chinake, while
the State was represented by Chief Law officer and Head of Assets Forfeiture
Unit, Mr Chris Mutangadura, who is now seeking to appeal to the Supreme Court
against the judgment releasing some of Chihuri’s property. Herald
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