he shall be deemed, for the purposes of this section, to have exported the property from
Zimbabwe or to have acquired the property outside Zimbabwe, as the case may be, in
contravention of this Act.
6
Special jurisdiction of magistrates
Notwithstanding anything contained in the Magistrates Court Act [Chapter 7:10] or in any
other enactment—
(a) a court of a regional magistrate shall have special jurisdiction to impose a fine not
exceeding level twelve or imprisonment for a period not exceeding seven years or both
such fine and such imprisonment;
(a1) a court of a provincial or senior magistrate shall have special jurisdiction, on summary
trial or on remittal by the Attorney-General, to impose a fine not exceeding level
twelve or imprisonment for a period not exceeding five years or both such fine and
such imprisonment;
(b) a court of a magistrate other than a regional, provincial or senior magistrate shall have
special jurisdiction, on summary trial or on remittal by the Attorney-General of the
case for trial or sentence, to impose a fine not exceeding level ten or imprisonment for
a period not exceeding two years or both such fine and such imprisonment;
in respect of an offence in terms of this Act:
Provided that if the court is required by subsection (4) of section five to impose a fine which
exceeds the amount specified in paragraph (a), (a1) or (b), the court may impose such fine.
7
Forfeitures
(1) Where a person is convicted of an offence in terms of section five which was committed
by means of or in respect of any gold, currency, security, goods or other property whatsoever,
the court shall, unless the convicted person satisfies it that there are special reasons in the
particular case, which shall be recorded by the court, why forfeiture to the State should not take
place, declare such property or the rights of the convicted person thereto to be forfeited to the
State:
Provided that such declaration shall not affect any rights which any person, other than the
convicted person, may have to the property in question if it is proved that he was—
(a) unaware that the offence was being or would be committed; or
(b) unable to prevent the commission of the offence.
(2) Subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence
Act [Chapter 9:07] shall apply, mutatis mutandis, where a declaration is made in terms of
subsection (1).
8
Secrecy
(1) Except for the purposes of this Act or the compilation of statistics or when ordered to
do so by a court, no person exercising any functions under this Act shall either within or outside
Zimbabwe disclose any information relating to any person, firm or business, acquired in the
exercise of such functions.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level six or to imprisonment for a period not exceeding one year or to both
such fine and such imprisonment.
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