Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(2) Any costs associated with the appointment of a receiver or trustee and the work
subsequently undertaken by him or her pursuant to the appointment shall be paid from
Recovered Assets Fund.
(3) Where a receiver or trustee has been appointed under subsection (1)(c) in relation to
property, he or she may do anything that is reasonably necessary to preserve the property and its
value including, without limiting the generality of the foregoing—
(a) becoming a party to any civil proceedings that affect the property;
(b) causing that the property to be insured;
(c) realising or otherwise dealing with the property if it is perishable, subject to wasting or
other forms of loss, its value volatile or the cost of its storage or maintenance likely to
exceed its value, subject to the proviso that this power may only be exercised without
the prior approval of the court in circumstances where—
(i) all persons known by the receiver or trustee to have an interest in the property
consent to the realisation or other dealing with the property; or
(ii) the delay involved in obtaining such approval is likely to result in a significant
diminution in the value of the property; or
(iii) the cost of obtaining such approval would, in the opinion of the receiver or
trustee, be disproportionate to the value of the property concerned;
(d) if the property consists, wholly or partly, of a business—
(i) employing, or terminating the employment of, persons in the business; and
(ii) doing any other thing that is necessary or convenient for carrying on the
business on a sound commercial basis; and
(iii) selling, liquidating or winding up the business if it is not a viable, going
concern, subject to obtaining the prior approval of the court;
(e) if the property includes shares in a company, exercising rights attaching to the shares
as if the trustee were the registered holder of the shares.
(4) The court may exclude from the property freezing order such amount as it considers
appropriate for the payment of reasonable living expenses to any person whose property is the
subject of a property freezing order where the court—
(a) is satisfied that such person cannot meet such expenses out of property that is not
subject to a property freezing order; and
(b) determines that it is in the interests of justice to make such exclusion.
(5) Where a court makes a property freezing order, it may upon application by anyone with
an interest in the property or by the Attorney-General and at any time make any further order in
respect of the property including an order to revoke the freezing order or to vary the order.
83 Property seizure order under Part I of Chapter V
(1) The court may, on application by the Attorney-General, make an order in conformity
with subsection (6) (called a “property seizure order”) to search for and seize specified property
that is the subject of a property freezing order, if the court is satisfied that—
(a) a property freezing order would not be effective to preserve the property; or
(b) there is a reasonable suspicion of risk of dissipation or alienation of the property if the
order is not granted.
(2) A property seizure order shall also grant power to a person named in the order to enter
any premises in Zimbabwe to which the order applies, and to use all necessary force to effect
such entry.
(3) If during the course of a search under a property seizure order, an authorised officer
finds any property or thing that he or she believes on reasonable grounds is of a kind which
could have been included in the order had its existence, or its existence in that place, been
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