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Harare High Court

Pious Manamike and Eternal Resources Private Limited v Prosecutor General

HH 29-23

Case Details

Court
Harare High Court
Date
18 January 2023
Citation
HH 29-23
Neutral Citation
[2023] ZWHH 29
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil ProcedureCommercial LawCriminal Procedure
Keywords
property seizure orderanti-dissipation interdictfreezing injunctionMoney Laundering and Proceeds of Crime Actstay of execution
Tags
property seizureanti-dissipation interdictfreezing injunctionmoney laundering
legislation
Statutes Cited
  • Money Laundering and Proceeds of Crime Act
  • Criminal Law Codification and Reform Act
  • Money Laundering and Proceeds of Crime Act
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a stay of execution should be granted for a property seizure order obtained under s 47 of the Money Laundering and Proceeds of Crime Act","issue_type":"mixed","dispositive":"yes","related_facts":"Property seizure order granted ex parte, not executed for two months, applicants seek stay pending rescission application"}
  • {"issue_text":"Whether a seizure order can be granted where the second applicant has not been charged with any crime","issue_type":"law","dispositive":"no","related_facts":"Only first applicant charged, second applicant (company) not charged"}
  • {"issue_text":"Whether proceeding ex parte violated the applicants' right to fair hearing under s 69 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Order granted without hearing applicants"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants sought an urgent chamber application for stay of execution of a property seizure order issued on 21 September 2022 under case number HACC 24/22. The order was obtained ex parte by the Prosecutor General under section 47 of the Money Laundering and Proceeds of Crime Act to prevent dissipation of property pending investigation into alleged money laundering offences.
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