Money Laundering and Proceeds of Crime Act Act No. 4/2013 79 Application of Part I of Chapter V (1) Orders for civil forfeiture can be sought in respect of property that is suspected to be tainted property or terrorist property whenever such property is identified by or comes into the possession of the Unit, a law enforcement authority or a competent supervisory authority. (2) Orders for civil forfeiture may not be granted with respect to property acquired or used before this Act came into force. (3) An order for civil forfeiture may be sought where the conduct on which the application for forfeiture is based was committed by an individual who died at any time within a period beginning no earlier than six years before the date when the application for the order is made in accordance with this Chapter. 80 Civil forfeiture orders (1) An order for civil forfeiture is an order in rem, granted by a court with civil jurisdiction to forfeit to the State tainted property or terrorist property. (2) The court, on an application by the Attorney-General, shall grant a civil forfeiture order in respect of property within the jurisdiction of the Zimbabwe, where the court finds, on a balance of probabilities, that such property is tainted property or terrorist property. (3) In order to satisfy the court under subsection (2)— (a) that property is proceeds of a serious offence or a terrorist act, it is not necessary to show that the property was derived directly or indirectly, in whole or in part, from a particular serious offence or terrorist act, or that any person has been charged in relation to such an offence or act; only that it is proceeds from some conduct constituting or associated with the serious offence or terrorist act; (b) that property is an instrumentality of a serious offence or terrorist act, it is not necessary to show that the property was used or intended to be used to commit a specific serious offence or terrorist act, or that any person has been charged in relation to such an offence or act; only that it was used or intended to be used to engage in conduct constituting or associated with the serious offence or terrorist act; (c) that property is tainted property or terrorist property, it is not necessary to show that the property— (i) was derived from a specific serious offence or terrorist act, as long as it is shown it was derived from some serious offence or terrorist act; or (ii) has been or is being or is intended to be used by an organised criminal group or terrorist organisation, or to commit a specific serious offence or terrorist act, as long it is shown that it has been, is being or is intended to be used by some organised criminal group or terrorist organisation or to commit some serious offence or terrorist act; or (iii) is owned or controlled by or on behalf of a specific organised criminal group or terrorist organisation, as long as it is shown to be owned or controlled by or on behalf of some organised criminal group or terrorist organisation; or (iv) has been provided or collected for the purpose of supporting a specific organised criminal group or terrorist organisation or funding a specific serious offence or terrorist act, as long as it is shown to have been provided or collected for the purpose of providing support to some organised criminal group or terrorist organisation or funding some serious offence or terrorist act, or that any person has been charged in relation to such conduct. (4) An application for civil forfeiture may be made in respect of property into which original proceeds have been converted either by sale or otherwise. (5) For the purposes of making a determination under subsection (2)— - 58 -