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Tanzania decisions
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The respondent was convicted of a serious offence (drug trafficking), and the properties were acquired within ten years prior to being charged, satisfying statutory conditions for a restraining order under POCA and DCEA.
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The High Court granted an ex parte restraining order over a house said to be tainted property from narcotics trafficking proceeds.
The applicant demonstrated on the balance of probabilities that the seized cash and motor vehicle are tainted properties connected to serious offences, and statutory conditions for a restraining order under sections 38(1) and 39(3) of the Proceeds of Crime Act were satisfied.
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The High Court granted an ex parte restraining order over land with two houses in Mwanza, finding reasonable grounds to link the property to alleged proceeds of serious economic crimes.
The court found that the motor vehicle was used as an instrumentality in the commission of drug trafficking for which the respondents were convicted, and as such, it is tainted property liable for forfeiture to the government under the Proceeds of Crime Act.
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Both statutory conditions for forfeiture were satisfied: the persons in possession of the Tshs. 800,000/= were convicted of murder, and the money was used to facilitate the offence. Therefore, the property is tainted and subject to forfeiture to the United Republic of Tanzania.
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