Money Laundering and Proceeds of Crime Act Act No. 4/2013 PART VI INVESTIGATIVE ORDERS FOR CRIMINAL CONFISCATION 72 Production order for property tracking documents (1) A production order under this section will require the production of a document relevant in identifying, locating or quantifying property or necessary for its transfer, hereinafter referred to as a “property tracking document”. (2) An authorised officer may apply ex parte and in writing to court for an order to require the person believed to have possession or control of a property tracking document to produce such document. (3) An application under this section shall be supported by an affidavit setting out the grounds for the application. (4) Where the court finds there are reasonable grounds to believe that a person has been, is or will be involved in the commission of an offence, and that any specified person has possession or control of a property tracking document relating to— (a) the property of a person involved in the commission of such an offence; or (b) the proceeds or instrumentalities of such an offence it may make an order that the person produce the document to an authorised officer at a time and place specified in the order. (5) If any of the material specified in an application for a production order for property tracking documents consists of information contained in a computer, the production order has effect as an order to produce the material in a form in which it can be taken away, and in which it is visible and legible. (6) An authorised officer to whom documents are produced under this section may inspect the documents and— (a) make copies of the documents; or (b) retain the documents for as long as is reasonably necessary for the purposes of this Part, provided that copies of the documents are made available to the person producing them if requested, or reasonable access is provided to the documents. (7) A person may not refuse to produce a document ordered to be produced under this section on the ground that— (a) the document might tend to incriminate the person or make the person liable to a penalty; or (b) the production of the document would be in breach of an obligation (whether imposed by a law of Zimbabwe or otherwise) of the person not to disclose either the existence or contents, or both, of the document. 73 Evidential value of information (1) Where a person produces a document pursuant to an order under this Part, the production of the document, and any information, document or thing obtained as a direct or indirect consequence of the production of the document, is not admissible against the person in any criminal proceedings except proceedings under section 74. (2) For the purposes of subsection (1), proceedings on an application for an interdict, a confiscation order or a benefit recovery order are not criminal proceedings. 74 Failure to comply with production order (1) Where a production order requires a person to produce a document to an authorised officer, the person is guilty of an offence against this section if he or she— (a) contravenes the order without reasonable cause; or - 53 -