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).
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