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Nyore Madzianike
PROSECUTOR-GENERAL Justice Loyce Matanda-Moyo says her office will increasingly resort to civil litigation — as opposed to the traditional conviction-based asset forfeiture — to effectively fight crime and corruption.
Last week, the PG successfully applied for civil forfeiture of NMB Bank former assistant manager Nyasha Dumbu’s 2,4-hectare stand in Arlington Estate, Harare.
Between January and April 2021, Dumbu reportedly connived with Arthur Munhuuripi, an accounts clerk at the same bank, to siphon $23 million.
It is understood that part of the money was used to buy the property in Arlington.
“Civil forfeiture was a response by the international community after realising the inadequacies of the traditional criminal justice system in effectively dealing with crime and corruption,” Justice Matanda-Moyo told The Sunday Mail.
“This process enables the State to forfeit assets belonging to criminals and their associates through civil action instituted directly against the property, without the need to first obtain a conviction or for a specific charge to be laid against a person.”
It is also not necessary for the State, she said, to prove its case beyond reasonable doubt or for the accused to be present during proceedings.
“All that has to be proven on a balance of probabilities is that the property belonging to or associated with the respondent are proceeds from some conduct constituting or associated with illegal activities.”
The PG believes civil forfeiture could deter crime and corruption.
“Our thrust over the past years has been to first develop jurisprudence on the subject by bringing a few test cases before our courts. We are happy to state that we have managed to achieve this objective as we have successfully pursued cases in both the High Court and the Supreme Court,” she added.
“We are ready to disgorge criminals of their ill-gotten wealth. The objectives behind civil forfeiture are to remove incentives to commit crime and deter persons from using or allowing property to be used in crime.”
The PG’s asset forfeiture unit works hand in glove with agencies that include the Zimbabwe Republic Police, the Zimbabwe Anti-Corruption Commission, the Zimbabwe Revenue Authority and the Reserve Bank of Zimbabwe’s Financial Intelligence Unit.
The Government has been successful in confiscating ill-gotten wealth suspected to be the proceeds of crime.
A Ugandan couple — Robert Kwesiga and Sandie Hilda Kwesiga — was recently given 30 days to explain the acquisition of two houses worth US$300 000 in Mt Pleasant and Vainona.
Further, suspected illegal foreign currency dealers Ratidzai Lydia Chiodze and Samuel Tererai Chiodze recently had their US$16 386 and a Honda Airwave (AFD1898) forfeited to the State after Justice Benjamin Chikowero declared the property tainted.
Online Reporter