A FLEET of haulage trucks belonging to the Member of Parliament for Gokwe-Nembudziya, Justice Mayor Wadyajena, through his company Mayor Logistics, can now be seized by the Zimbabwe Anti-Corruption Commission (ZACC) and held pending the outcome of a fraud trial of Wadyajena and four top Cotton Company of Zimbabwe managers or an associated civil action.
In addition to the 22 trucks listed in the court order
permitting the seizure, the same order allows ZACC to hold two luxury cars, a
Lamborghini and BMW X6, temporarily held
by Beitbridge authorities on Friday while they were on their way to South
Africa.
The five are accused of diverting Cottco money meant to buy
bale ties to buying the trucks now allegedly being used by Wadyajena. But the
trucks and other assets now being sought and seized are more likely to be
forfeited to the State in a separate civil application under a law meant to
reclaim assets acquired through unlawful activity.
While criminal charges have to be proved beyond reasonable
doubt, civil proceedings are decided on the balance of probabilities and the
difference has seen assets forfeited even when there is no successful criminal
prosecution.
The assets facing seizure are 22 haulage trucks and the two
luxury cars allegedly bought with funds diverted from Cottco. At the weekend,
ZACC obtained a warrant of search and seizure of these assets belonging to
Mayor Logistics from Harare magistrate Ms Barbara Mateko.
Wadyajena was arrested last week along with four Cottco top
executives: Pious Manamike (54), Maxmore Njanji (47), Fortunate Maloi (34) and
Chiedza Danha (39). The five were arrested on charges of fraud and money
laundering involving US$5 million of Cottco money.
According to the warrant granted to ZACC, the managing
director of Mayor Logistics (Pvt) Ltd and Wadyajena or any other person in
authority or control of the vehicles are ordered to release them to Victor
Masimba, an investigating officer from ZACC.
National Prosecuting Authority prosecutor Ms Audrey
Chogumaira, in her ex parte application, told the magistrate that there is
likelihood of dissipation of the trucks considering the fact that Wadyajena has
now appeared in court and might abscond from Zimbabwe, despite his bail
conditions that include $200 000 bail and the surrender of his title deeds and
his passport.
She said the haulage trucks which allegedly constitute
proceeds of crime are now used on transborder business hence they were likely
to be shipped out of Zimbabwe to foreign countries especially South Africa
where they will be difficult to repatriate to Zimbabwe.
“The criminal investigations underway revolve around fraud
and laundering of the specified movable property hence the need for seizure of
the same by the Zimbabwe Anti-Corruption Commission pending further processes
in terms of the Money Laundering and Proceeds of Crimes Act, and most
specifically the civil confiscation to be sought within that period by the
applicant,” she stated in her papers.
“The purpose of this property seizure order is to preserve
the said property from dissipation or alienation pending investigations into
allegations of fraud and money laundering.”
This order will remain in force until the criminal
proceedings and civil confiscation proceedings by the National Prosecuting
Authority against Wadyajena and his company are terminated unless varied or
revoked by a court order.
Last week, Wadyajena and his accomplices were granted $200
000 bail each by a Harare regional magistrate Mr Stanford Mambaje who ordered
them to surrender the title deeds to their personal properties as surety.
Wadyajena and the Cottco bosses are alleged to have
converted money which was meant for the importation of bale ties and bought the
trucks through Mayor Logistics, where Wadyajena is believed to be a director,
and allegedly diverted a second order for ties to energy companies.
In his bail ruling, Mr Mambanje said the State, through
ZACC investigating officer Mr Arthur Murambiza, failed to place before the
court a compelling reason that warrants continued detention of Wadyajena and
the Cottco bosses, who are all expected back in court on September 8.
In another case involving assets, the NPA has obtained
unexplained wealth orders at the High Court against former Finance and Economic
Development Ministry official Marcos Nyaruwanga and traditional healer Ester
Mutesvu to explain how they have acquired their assets, which are suspected to
have been bought through ill-gotten proceeds.
According to the order against Nyaruwanga, he is asked to
give a sworn statement to the head of ZACC’s Asset Forfeiture Recovery Unit,
explaining how he acquired his Hatfield property plus five top-of-the range
Mercedes Benz vehicles, five Toyota vehicles, a Honda Accord, a BMW320i and a
Nissan Murano.
In the order, Nyaruwanga is required to give details of the
costs incurred in obtaining the listed assets and produce all the supporting
documents and receipts showing proof of legitimate business and source of
income for their acquisition.
In the case of Mutesvu, the NPA have sought an order
barring her from disposing her assets comprising a house at Aspindale Park in
Harare bought for US$58 000, a Toyota Hiace bought for US$10 200 and a Toyota
Axio bought for US$4 600, plus all her household property until the criminal
matter in which she is being prosecuted for money laundering has been finally
disposed of.
According to the order, in the event that the criminal
trial of Mutesvu is concluded, the terms of the order will remain in force
until the application for confiscation of the listed property has been disposed
of or until the terms of the order have been varied by a court order.
Mutesvu is also required to give a sworn statement setting
out the commercial use and such income derived from the property or dealings
with the property by her from the day of acquisition of such property to date.
Herald
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