Last year, the High Court granted the Prosecutor-General a
forfeiture order against Mr Chitukutuku’s assets, including two houses in the
affluent suburbs of Borrowdale and Glen Lorne, and luxury vehicles, as well as
shares in Champions Insurance Company.
The court ruled that the assets were acquired using illicit
funds, which were misappropriated from Zinara during his tenure as chief
executive officer.
In granting the forfeiture order, the High Court noted that
Mr Chitukutuku failed to adequately explain the source of his wealth.
However, the former executive now claims the forfeiture
order was applied retroactively, violating legal principles.
Mr Chitukutuku, along with his wife Nyasha and Hotspikes
Private Limited, who are co-appellants, cited the Prosecutor-General, the
Registrar of Deeds and the Registrar of Motor Vehicles as respondents.
“Having correctly ruled that having regard to Section 79
and 80 of the Money Laundering And Proceeds of Crime Act, property acquired
before the Act came into force could not be subject to forfeiture orders, the
court a quo grossly erred and misdirected itself by granting forfeiture orders
in respect of the two immovable properties described in paragraphs 2(h) and
2(1) of the operative part of judgment together with movable assets described
in paragraphs 2(a)-(g) of the judgment, notwithstanding that the properties
were acquired before the Act came into force,” argued Mr Chitukutuku in his
appeal.
“In his reasons for judgment, the learned judge makes it
clear that it was not competent to grant forfeiture orders in respect of
properties acquired before the Act came into force.
“The learned judge was alive to the fact that the immovable
property known as Lot 1 of Lot 3 of Lot 56, a Borrowdale estate measuring 4 048
square metres, was acquired by first appellant on July 20, 2011 under Deed of
Transfer 3232/2011.
“The judge was also alive to the fact that the immovable
property known as Lot 3 of subdivision C of subdivision B of subdivision D of
Ntaba of Glen Lorne measuring 8 853 square metres was acquired in 2011 by first
appellant and second appellant under Deed of Transfer 3885/2011.
“The motor vehicles and other movable properties described
in paragraphs 2(a)-(g) of the operative part of the judgment were all acquired
between 2010 and 2012.
“The Act came into force on June 28, 2013,” he said.
Mr Chitukutuku argued that an Act of Parliament comes into
operation at the beginning of the day on which it is published in the Gazette
or at the beginning of any other day that may be specified in the Act or some
other enactment.
The Borrowdale house, he claims, was purchased in 2011
through a mortgage bond worth US$200 000, which was reportedly approved after
an assessment.
He argues that between 2011 and 2016, he earned US$2,8
million from selling eggs and received US$619 498 in dividends from Champions
Insurance.
He further claimed the company advanced him interest-free
loans totalling US$1,4 million. He disputed allegations that a US$40 000
payment from Fremus Enterprises was used to acquire the Glen Lorne property,
arguing that the funds came from farming activities and legitimate earnings.
Mr Chitukutuku also contends that material disputes of fact
exist regarding whether the properties were acquired using tainted funds.
He accused the Prosecutor-General of relying on unverified
opinions and statements from potential witnesses in a pending criminal case
against him.
He insists that the properties were acquired through hard
work, loans and legitimate business activities, including farming and earnings
as Zinara chief executive officer.
However, in response to the application, the
Prosecutor-General, through chief law officer Mr Chris Mutangadura, argued that
the circumstances under which the properties were acquired strongly suggest
money laundering. Sunday Mail
0 comments:
Post a Comment