Money Laundering and Proceeds of Crime Act Act No. 4/2013 (a) in respect to any serious offence; and (b) in respect of an offence under the law of a foreign State in relation to acts and omissions which, had they occurred in Zimbabwe, would have constituted a serious offence in Zimbabwe: Provided that— (i) in the case of a request relating to an interdict on or to the recovery proceeds, instrumentalities or benefits, there is property located in Zimbabwe that can be restrained or recovered for the purpose of a confiscation order or benefit recovery order; or (ii) in the case of a request relating to tracing, identifying, locating or quantifying proceeds, benefits or instrumentalities, there is or may be relevant information or evidence within Zimbabwe; and a formal request for assistance has been made by the foreign State for the restraint or confiscation of property in relation to the offence, or for information or evidence that may be relevant to the proceeds, benefits or instrumentalities of the offence. (2) With respect to the application of this Chapter to the offences specified in subsection (1)(b), the authorities within Zimbabwe shall have discretion whether or not to seek orders and to otherwise apply the provisions of this Chapter. (3) This Chapter shall apply even if the conduct which forms the basis for the offence occurred before the Chapter came into effect, and shall apply to any benefit whether it was obtained before or after this Chapter came into force. (4) Any question of fact to be decided by a court on an application under this Chapter is to be decided on a balance of probabilities. 39 Interpretation in Chapter IV (1) In this Chapter and elsewhere— “authorised officer” means a police officer or an inspector; “benefit” means an advantage, gain, profit, or payment of any kind, and the benefits that a person derives or obtains or that accrue to him or her include those that another person derives, obtains or that otherwise accrue to such other person, if the other person is under the control of, or is directed or requested by, the first person; “court” means, in relation to the granting of— (a) an interdict or confiscation order, the High Court of Zimbabwe; or (b) a benefit recovery order, a magistrates court or the High Court of Zimbabwe; “effective control”, in relation to property, is to be construed in accordance with subsection (2); “property in which the defendant has an interest”, in relation to property forming the subject matter of an offence, includes— (a) any property that is, on the day when the first application is made under this Chapter in respect of that offence, subject to the effective control of the defendant; and (b) any property that was the subject of a gift from the defendant to another person within the period of six years before the first application is made under this Chapter in respect of that offence; “property in which the relevant person has an interest”, in relation to property forming the subject matter of an offence, includes— (a) any property that is, on the day when the first application is made under this Chapter in respect of that offence, subject to the effective control of the relevant person; and - 34 -