In another case involving assets, the NPA has obtained unexplained wealth orders at the High Court against former Finance and Economic Development Ministry official Marcos Nyaruwanga and traditional healer Ester Mutesvu to explain how they have acquired their assets, which are suspected to have been bought through ill-gotten proceeds.Īccording to the order against Nyaruwanga, he is asked to give a sworn statement to the head of ZACC’s Asset Forfeiture Recovery Unit, explaining how he acquired his Hatfield property plus five top-of-the range Mercedes Benz vehicles, five Toyota vehicles, a Honda Accord, a BMW320i and a Nissan Murano.
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. 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.
Last week, Wadyajena and his accomplices were granted $200 000 bail each by a Harare regional magistrate Mr Stanford Mambaje who ordered them to surrender the title deeds to their 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. “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.” “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. She said the haulage trucks which allegedly constitute proceeds of crime are now used on transborder 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. 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. 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. 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. The five are accused of diverting Cottco funds earmarked for buying bale ties to the trucks now allegedly being used by Wadyajena. 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 Border Post authorities on Friday while they were on their way to South Africa.
#ZACC HARRIS TRIAL#
A FLEET of haulage trucks belonging to Gokwe-Nembudziya legislator 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 his fraud trial and four top Cotton Company of Zimbabwe managers or an associated civil action.
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