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40 Seizure and detention of suspicious imports or exports of currency
(1) A police officer or inspector may seize and detain any currency which is being imported
into or exported from Zimbabwe if such currency is more than the amount prescribed by the
Minister, and he or she has reasonable grounds to suspect that—
(a) either the currency was derived from the commission of a serious offence or the
currency is intended to be used in the commission of a serious offence; or
(b) the currency is being imported into or exported from Zimbabwe in contravention of the
Exchange Control Act [Chapter 22:05].
(2) Currency seized and detained in terms of subsection (1) shall be deposited in the
Detained Cash Trust Account and may not be held for more than seven days after such seizure,
unless a magistrate orders its continued detention for a period not exceeding three months from
the date of seizure.
(3) In granting an order for the further detention of the currency, a magistrate should satisfy
himself or herself that there are reasonable grounds for the suspicion referred to in subsection (1),
and the continued detention of the currency is justified so as to enable the investigation of its
origin or derivation, and consideration is being given to institute criminal proceedings in
Zimbabwe or elsewhere for an offence connected to such currency against the person who was in
possession of the currency.
(4) A magistrate may subsequently order the continued detention of the currency if he or she
is satisfied that the conditions set out in subsection (3) still exist, but the total period of detention
shall not exceed two years, and shall be calculated from the date the order was made in terms of
that subsection.
(5) Subject to subsection (6), currency detained in terms of this section may be released in
whole or in part to the person on whose behalf it was imported or exported, by order of a
magistrate or an inspector, after considering any views by the Director of Public Prosecutions to
the contrary, upon application by or on behalf of that person, if it is found that its continued
detention is no longer justified.
(6) No currency detained under this section shall be released where⎯
(a) an application is made for the purpose of⎯
(i) the forfeiture or confiscation of the whole or any part of the currency; or
(ii) its restraint pending determination of its liability to forfeiture or confiscation;
or
(b) proceedings are instituted in Zimbabwe or elsewhere against any person for an offence
with which the currency is connected;
unless and until the proceedings relating to the relevant application or the proceedings for the
offence, as the case may be, have been concluded.
41 Applicability of Cap. 9:17 where tainted property consists of currency, other
property or both
If a person suspected of committing a serious offence is in possession of tainted property⎯
(a) consisting of currency alone, this Act shall apply to the exclusion of the Serious
Offences (Confiscation of Profits) Act [Chapter 9:17]; or
Select target paragraph3
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