Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(c) an authorised officer referred to in the order.
(7) Where the offence referred to in subsection (5) or (6) is committed by⎯
(a) an individual who is an employee, officer or agent of the financial institution in
question, he or she shall be liable to a fine of level ten or imprisonment for a period of
three years or both such fine and such imprisonment; or
(b) a company or other corporate body⎯
(i) it shall be liable to fine not exceeding level fourteen; and
(ii) every director or member of the governing body of the company or corporate
body shall be liable to a fine of level ten or imprisonment for a period of three
years or both such fine and such imprisonment, unless any director or member
concerned proves that he or she took no part in the conduct of the company or
corporate body.
(8) Nothing in this section prevents the disclosure of information concerning a monitoring
order for the purposes of or in connection with legal proceedings or in the course of proceedings
before a court, provided that nothing in this section shall be construed as requiring a legal
practitioner to disclose to any court the existence or operation of a monitoring order.
CHAPTER V
CIVIL FORFEITURE OF TAINTED AND TERRORIST PROPERTY
PART II21
CIVIL FORFEITURE ORDERS, PROPERTY FREEZING ORDERS AND PROPERTY SEIZURE ORDERS
78 Interpretation in Part I of Chapter V
(1) In this Part—
“authorised officer” means a police officer or an inspector;
“court” means the High Court of Zimbabwe;
“enforcement authority”, in relation to property that is the subject of a civil forfeiture order,
means the Attorney-General, his or her named representative, or the specified receiver
or trustee under section 85(7);
“legitimate owner”, in relation to the owner of tainted or terrorist property or any interest
therein, means—
(a)
in the case of such property that is the proceeds of a serious offence or terrorist
act, a person who—
(i) was the rightful owner of the property before the criminal conduct
occurred and was deprived of the property by the criminal conduct; or
(ii) acquired the property in good faith and for fair value after the criminal
conduct and did not and could not reasonably have known the property
was such proceeds;
(b)
21
in the case of such property that is the instrumentality of a serious offence or
terrorist act, a person who has done all that can reasonably be done to prevent the
property being used as an instrumentality.
(sic) Should be Part I.
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