Published: 2 hours ago

The High Court has lifted a two-year asset freeze on businessman Tobias Zangairai, ruling that the Prosecutor-General failed to act on allegations of unexplained wealth despite obtaining an interim order in 2023.

Justice Benjamin Chikowero said it would be "unjust" to maintain the order without prosecution or civil forfeiture proceedings. "The order was never meant to remain in force in perpetuity," he ruled, noting that no criminal prosecution or civil forfeiture action had been taken against Zangairai.

The matter dates back to January 27, 2023, when the court, at the request of the Prosecutor-General, granted an unexplained wealth order and interim freezing order against Zangairai. He was required to account for 24 immovable and movable assets, including residential stands in Harare, Bulawayo, Beitbridge, Mutare, and a fleet of vehicles ranging from a Toyota Hilux to a Nissan Civilian bus.

Zangairai complied with the order, submitting a sworn statement to the Zimbabwe Republic Police's Asset Forfeiture Unit within the required 30 days. However, the State failed to take further action to prosecute him or apply for civil forfeiture.

In his defence, Zangairai argued that the prolonged freeze violated his constitutional right to use and enjoy his property. Section 71(2) of the Constitution guarantees every citizen the right "to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property."

Justice Chikowero criticised the Prosecutor-General's office for keeping Zangairai's assets in limbo for over two and a half years without justification. "In these circumstances, it was not surprising that counsel for the first respondent was unable to make any meaningful submissions," he said.

The court ruled that Zangairai can now freely access his 24 assets, which include prime land in Marlborough, Salisbury Township, Mahatshula in Bulawayo, Chikanga in Mutare, and multiple stands in Beitbridge, along with vehicles such as a Toyota Nadia, Nissan Hardbody, Mazda Capella, and several Toyota Hiace minibuses.

The High Court formally granted Zangairai's application, struck out a related case (HCHACC 130/24), and ordered that each party bear its legal costs.
- online

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