Online Reporter
Fidelis Munyoro-Chief Court Reporter
A man accused of money laundering has won a major legal battle after the High Court overturned an interim freezing order that had barred him from accessing or dealing with his properties and vehicles for more than two years.
Justice Benjamin Chikowero ruled in favour of Tobias Zangairai, citing the absence of action by the Prosecutor General to advance the case since the order was granted.
The freezing order, issued on January 27, 2023, under the Money Laundering and Proceeds of Crime Act, required Zangairai to explain how he acquired 24 properties.
He complied by submitting a sworn statement within the stipulated 30 days, yet no further steps were taken by the Prosecutor General regarding the properties.
“It was not the intention of the Legislature that an interim freezing order should be in place in perpetuity,” said Justice Chikowero, adding that the order was meant to allow reasonable time for the Prosecutor General to act.
The judge noted that the Prosecutor General had not pursued either civil forfeiture of the assets or criminal charges against Zangairai
Zangairai, a self-actor, argued that the freezing order had restricted his constitutional right to use and enjoy his property, as enshrined in Section 71(2) of the Constitution.
Justice Chikowero agreed, stating: “Every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease, or dispose of all forms of property.”
Acknowledging these rights and the prolonged inaction by the Prosecutor General, the court found it unjust to maintain the freezing order.
“In the circumstances, it would be unjust not to accede to the application for the setting aside of the interim freezing order,” Justice Chikowero ruled.
The court also struck out a related application, case number HCHACC 130/24, which sought partial discharge of the order. Each party was ordered to bear its own costs.
The ruling allows Zangairai to reclaim control of several properties, including land in Marlborough, Chikanga, and Beitbridge, as well as an assortment of vehicles ranging from a Toyota Hilux to a Nissan Civilian.
Justice Chikowero emphasised that the freezing order was never meant to remain indefinitely, and the Prosecutor General’s failure to act rendered its continuation untenable.
Legal experts say the court’s decision underscores the importance of timely action by authorities in asset forfeiture cases and reaffirms the protection of property rights under the Constitution.
