Prosecutor General V Madefit Investments (Private) Limited (10 of 2021) [2021] ZWHHC 10 (18 January 2021)

Prosecutor General V Madefit Investments (Private) Limited (10 of 2021) [2021] ZWHHC 10 (18 January 2021)

The five vehicles had their identities fundamentally altered, including erased and replaced chassis numbers and colour changes, which could only be explained by involvement in criminal activity. On a balance of probabilities, the vehicles are tainted property as defined by the MLPCA and are liable to forfeiture to...

Source-derived case information.

Citation
[2021] ZWHHC 10
Parties
Applicant: Prosecutor General; Respondent: Madefit Investments (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 January 2021
Case Number
10 of 2021
Procedural Posture
Opposed Application for Civil Forfeiture / Judgment
Outcome
Application granted
Legal Topics
Money Laundering, Proceeds of Crime, Civil Forfeiture, Vehicle Registration, Evidence
Source Language
english
Criminal Law Asset Forfeiture Money Laundering Proceeds of Crime Civil Forfeiture Vehicle Registration Evidence

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Parties

Prosecutor General

Applicant

Madefit Investments (Pvt) Ltd

Respondent

Procedural Posture

Opposed Application for Civil Forfeiture / Judgment

Legal Issues

  1. 1 Whether the five motor vehicles owned by the respondent are tainted property liable to civil forfeiture under the Money Laundering and Proceeds of Crime Act

Ratio Decidendi

The five vehicles had their identities fundamentally altered, including erased and replaced chassis numbers and colour changes, which could only be explained by involvement in criminal activity. On a balance of probabilities, the vehicles are tainted property as defined by the MLPCA and are liable to forfeiture to the State.

Court Disposition

Application granted

Orders

  • The following motor vehicles are declared tainted property and are forfeited to the State: Freightliner Horse AEZ 0790, Freightliner Horse ADS 4104, Freightliner Horse AEG 6695, Freightliner Horse ADS 0982, International Horse ADZ 4880.
  • Each party shall bear its own costs.