Money Laundering and Proceeds of Crime Act
Act No. 4/2013
orders its continued detention for a period not exceeding three months from the date of the
initial seizure.
(3) A magistrate or justice of the peace may subsequently order continued detention of the
property if satisfied of the matters set forth in subsection (2), but the total period of detention
shall not exceed two years from the date of the order made under that subsection.
(4) Subject to subsection (5), upon application by or on behalf of a person whose property
is detained under this section, such property may be released in whole or in part to that person
by a order of—
(a) a magistrate having jurisdiction in the area where the property was seized or being
detained, where the original detention was ordered by a justice of the peace; or
(b) or a magistrate senior in rank to the magistrate who originally ordered the detention
having jurisdiction in the area where the property was seized or being detained;
if the magistrate is satisfied, after considering any views of the Director of Public Prosecutions,
that its continued detention is no longer justified.
(5) Property detained under this section shall not be released if an application for restraint,
confiscation or forfeiture of the property is pending under Chapter ____ , or if proceedings have
been instituted in Zimbabwe or elsewhere against any person for an offence with which the
property is connected, unless and until the proceedings on the application or the proceedings
related to an offence have been concluded. If the application relates to property that is
commingled with other property, the commingled property is subject to continued detention
under this section.
(6) A prosecutor may apply for the forfeiture of any property which has been seized and
detained under this section to—
(a) the magistrate having jurisdiction in the area where the property was seized or being
detained, where the original detention was ordered by a justice of the peace; or
(b) a magistrate having jurisdiction in the area where the property was seized or being
detained who is senior in rank to the magistrate who originally ordered the detention;
and the magistrate shall order forfeiture of such property if satisfied on a balance of
probabilities that the property directly or indirectly represents—
(a) terrorist property; or
(b) the proceeds of crime or an instrumentality used or intended for use in the commission
of an offence.
(7) Before making an order of forfeiture under subsection (6), the court shall order that
notice be provided to any person who has asserted an interest in the property and provide an
opportunity for that person to be heard.
CHAPTER III
OBLIGATIONS OF FINANCIAL INSTITUTIONS AND DESIGNATED NON-FINANCIAL BUSINESSES OR
PROFESSIONS
PART I
CUSTOMER IDENTIFICATION AND ACCOUNT OPENING REQUIREMENTS
13 Interpretation in Part I of Chapter III
In this Chapter and elsewhere—
“account” means any facility or arrangement by which a financial institution or a
designated non-financial business or profession does any of the following—
(a) accepts deposits of funds or other assets; or
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