Money Laundering and Proceeds of Crime Act (b) Act No. 4/2013 any property that was the subject of a gift from the relevant person to another person within the period of six years before the first application is made under this Chapter in respect of that offence; "relevant appeal date" used in relation to a confiscation order or benefit recovery order made in consequence of a person's conviction of an offence means— (a) the date on which the period allowed by rules of court for the lodging of an appeal against a person's conviction, or for the lodging of an appeal against the making of a confiscation order or benefit recovery order, expires, whichever is the later; or (b) where an appeal against a person's conviction or against the making of a confiscation order or benefit recovery order is lodged, the date on which the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later; “relevant person” is a person who has been convicted of a serious offence, or has been charged with a serious offence, or is the subject of an investigation for a serious offence. (2) A person considered to exercise effective control over a property, if he or she exercises practical control over the property, whether or not that control is supported by any property interest or other legally enforceable power; accordingly, in determining whether property is subject to the effective control of a person— (a) it is not necessary for the court or other person who is required to determine this issue to be satisfied that the person has an interest in the property; (b) regard may be had to— (i) shareholdings in, debentures over, or directorships of a company that has an interest (whether direct or indirect) in the property; and (ii) a trust that has a relationship to the property; and (iii) family, domestic, business or other relationships between persons having an interest in the property, or in companies referred to in paragraph (a), or trusts referred to in paragraph (b), and other persons; (c) the court may refuse to treat property as being subject to the effective control of a person if it is satisfied that a person’s ownership or control of the property is subject to a lawful, bona fide trust held for the benefit of a third party. (3) For the purposes of this Chapter, a gift includes a gift made by the subject of an investigation or defendant at any time after the commission of the offence, or, if more than one offence, the earliest of the offences to which the proceedings relate, unless the defendant satisfies the court that it is not appropriate in all the circumstances to take any particular gift into consideration. PART II INTERDICTS 40 Application for interdict (1) Where a person has been convicted of a serious offence, has been charged with a serious offence, or is the subject of an investigation for a serious offence (referred to hereafter in this Part as “the relevant person”), the Attorney-General12 may make application to the court for 12 When Zimbabwe’s new Constitution comes into full operation in due course, references to the Attorney-General will need to be construed as referring to the Prosecutor-General who will be the head of the National Prosecuting Authority, which will be “responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions.” (new Constitution, sections 258 and 259). - 35 -