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Blessings Chidakwa Herald Reporter
The State has powers to forfeit assets acquired through proceeds of crime even without waiting for the conviction of the accused person by using civil processes, acting Prosecutor-General Mr Nelson Mutsonziwa has said.
This comes as the Zimbabwe Anti-Corruption Commission is investigating dozens of cases of suspected corruption, some of them involving high ranking officials.
Citing the Money Laundering (Proceeds of Crime) Act, Mr Mutsonziwa said at law assets acquired through suspected corrupt means could be seized pending the conclusion of investigations and court processes.
He revealed this during the signing ceremony of the NPA and International Anti-Poaching Foundation at head offices in Harare yesterday.
Mr Mutsonziwa said the Money Laundering Proceeds of Crime Act has two scenarios with regards to proceeds of crime among them forfeiture after criminal prosecution and conviction, that is confiscation in terms of the law.
“The civil forfeiture this is another process, a different one whereby you proceed against an individual whom you believe his or her assets are proceeds of crime. You may not have evidence to really prosecute the accused for a crime, but you may have reasonable evidence to show that the sources of his or her wealth are from criminal activity,” he said.
The difference between the two processes is that criminal conviction requires proof beyond reasonable doubt, but a civil action is based on the balance of probabilities. So it is quite possible there is enough evidence to show it was likely the assets were acquired through corruption or illegally, but not enough to prove this beyond reasonable doubt. So there is no punishment, but at the same time the assets are forfeited.
Mr Mutsonziwa said in relation to wildlife crime the law applies where there is a situation of someone accumulating assets from the proceeds of criminal activities that is related to wildlife crime or poaching.
“In regard to the threshold the Money laundering Proceeds of Crime Act provides that you can only institute civil forfeiture not criminal where the assets are valued at $100 000 and above.
“Which means if someone has proceeds which are below $100 000 you cannot proceed in terms of the civil forfeiture process,” he said.
The NPA has since upgraded its strategies to ensure there are effective, professional and competent prosecutions.
Several properties have so far been forfeited by the State as Government scales up the fight against graft among them a Ruwa house belonging to former Parirenyatwa Group of Hospitals pharmacy store controller Russell Tatenda Mwenye.
A former Zimbabwe Revenue Authority accountant, Tapuwa Evans Chidemo serving a six year sentence for stealing US$1 million from the taxman’s bank account, lost a mansion in Glen Lorne and a flat in Harare’s city centre and a top notch Mercedes Benz.
A few days ago the NPA gave the green light to forfeit to the State three trucks belonging to former first lady Mrs Grace Mugabe that were brought into Zimbabwe more than a decade ago without payment of duty after the supplier lied to Zimra that they were only temporarily in the country.
Speaking of the memorandum of understanding with the International Anti-Poaching Foundation Mr Mutsonziwa said its coming on board adds more value as they already have existing relations with other organisations with similar objectives.
“I am sure wildlife crime is going to be a thing of the past,” he said.
International Anti-Poaching Foundation development and liaison manager Mr Albert Paradzai said the signing of the MOU is very significant in their first step of partnership with the NPA.
“It is a very important endeavour to tackle wildlife and environmental crimes as we strive to conserve our natural resources for the benefit of us and that of future generations,” he said.
“They say the journey of a 1 000 miles starts with one step. It is a critical tool in enhancing effective and efficient prosecution of wildlife and environmental crimes. It is a display of faith by the NPA in our efforts to conserve Zimbabwe’s flora and fauna.”
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