Chronicle Editor
Fidelis Munyoro, Harare Bureau
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 trans-border 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 Mambanje, 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.
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