Money Laundering and Proceeds of Crime Act
Act No. 4/2013
tainted property or terrorist property and that a person is a legitimate owner, the court shall
make any order it considers necessary to protect that person’s interest in the property.
(2) No order may be made under subsection (1) if the property is property that is unlawful
for the person to possess in Zimbabwe.
86 Fugitive claims
A person who is a fugitive from justice in Zimbabwe may not appear, either personally or
through a representative, in a proceeding for civil forfeiture in Zimbabwe or contest the granting
of a civil forfeiture order.
87 Appeals against civil forfeiture orders and property freezing orders
A person who is aggrieved by the grant or refusal to grant—
(a) a civil forfeiture order; or
(b) a property freezing order or a further order in connection therewith made under section
83(5);
may appeal against such grant or refusal to the Supreme Court order no later than the date
specified in the order for its execution, or, in the case of a refusal to grant the order, no later
than thirty days after the date of such refusal.
88 Limit on purchase of forfeited property
No person who had possession of property or was entitled to possession of property affected
by a civil forfeiture order immediately prior to the making of the order, nor any person acting on
behalf of such a person, other than a legitimate owner, shall be entitled to purchase the property
from the enforcement authority.
89 Realisation of forfeited property
(1) Subject to any limits in the order for civil forfeiture granted by the court, the
enforcement authority—
(a) may take such steps to sell, destroy or otherwise deal with property vested in him or
her by the forfeiture order, as he or she sees fit; and
(b) so far as practicable, must realise the value of the property vested in him or her by the
forfeiture order, in the manner best calculated to maximise the realised amount; and
(c) may incur reasonable expenditure for the purpose of realising the value of the property
vested in him or her by the forfeiture order,
(4) Any expenditure incurred by the enforcement authority under subsection (3) shall be
defrayed from the Recovered Assets Fund.
(5) The proceeds of the realisation of any property forfeited as a result of a civil forfeiture
order shall be paid into the Recovered Assets Fund.
90 Compensation and protection of trustee, etc.
(1) If, in the case of any property in respect of which an application for a civil forfeiture
order has been made, or in respect of which a property freezing order has been made at any
time, the court does not in the course of the proceedings make a civil forfeiture order, the person
whose property it is may make an application to the court for compensation.
(2) The person making an application for compensation must provide notice of the
application to the Attorney-General and to whichever enforcement authority had custody of the
property.
(3) If the court has made a decision by reason of which no forfeiture order could be made
in respect of the property, the application for compensation must be made within the period of
three months from the date of the decision, or if there is an appeal against the decision, from the
date on which any proceedings on appeal are finally concluded or (as the case may be) the date
on which the appeal is abandoned.
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