THE forfeiture of Marry Mubaiwa’s assets worth US$650 122 on account of illicit procurement is inching closer, with the Zimbabwe Anti-Corruption Commission (Zacc) placing her case on a priority list.
Mubaiwa’s woes have mounted since her fallout with Vice-President Constantino Chiwenga, leading to an acrimonious divorce.
After she was accused of attempting to kill Chiwenga in 2019, her passport was held by the state, resulting in her failing to get medical attention abroad. Her arm was amputated as a result.
She denies the charges.
Dark clouds are drifting over her head, with the forfeiture of her assets being listed as a case of interest in Zacc’s first legal committee meeting, according to documents seen by The NewsHawks.
The meeting sought to discuss cases of interest to be followed up by Zacc as it is targeting to refer 40 files to the National Prosecuting Authority and seize assets with a total value amounting to US$1 billion in 2023.
Zacc is following up on the forfeiture process.In December, South Africa produced the order in terms of section 53 of the Prevention of Organised Crime Act 121 of 1998 (South Africa) on Mubaiwa’s properties which the courts said have been acquired through illicit means.
According to the order granted by acting Justice JJ Strijdom, Mubaiwa illicitly acquired immovable property, Erf 191 Sterrewag, Extension 3, Township Registration Division JR Province of Gauteng, under title deed T19471/2019, in Pretoria.
She also acquired a Land Rover Range Rover, registration number HW40JNGP, chassis/vehicle identification number SALGA2AE2KA523088, engine number 18081800502508PS, and another with registration number HX61SGP, chassis/vehicle identification number SALWA2AK6KA843337, engine number 1285854306DT.
She is being charged with five counts of fraud and contravening section 8 (2) of Money Laundering and Proceeds of Crime Act for “concealing, disguising the true nature, source, location, disposition, movement or ownership; of or rights with respect to property, knowing or suspecting that such property are proceeds of crime”.
Mubaiwa through her South African lawyers made an urgent application to stop the auction of assets pending a rescission application.
The urgent application was heard on 10 January 2023, but the matter was thrown out for lack of service.
Zacc gave permission to its legal and asset recovery department to engage Advocate Kumbi Toma, who was referred by Zimbabwe’s ambassador to South Africa, David Hamadziripi.
Advocate Toma indicated that he had read the issue about the forfeiture and felt he could assist the government of Zimbabwe on pro bono basis since there was an interest in the forfeited properties.
Zacc is working on getting information on the issue.
On the current position, Zimbabwe’s National Prosecuting Authority (NPA) was advised of the status of the case and a senior NPA official Chris Mutangadura linked up with both Advocate Toma and the deputy director of the South African NPA Asset Forfeiture Unit for the repatriation of proceeds of the sale of the forfeited assets.
The South African authorities have requested a Zimbabwean bank account number into which the funds will be transferred once the properties are disposed of.
“On 25 January 2023, Mr Mutangadura submitted the Asset Management Unit account number to the South African NPA and we await their response. Total estimated value of the properties is US$650 122,” read part of the minutes.