Former Zimbabwe National Road Administration (Zinara) CEO Frank Chitukutuku is set to lose his movable assets and shares in Champions Insurance after the Supreme Court dismissed his appeal against forfeiture for lack of merit.
The judgment, delivered on Monday, also referred the forfeiture of two mansions located in Borrowdale and Glen Lorne back to the High Court. The High Court will conduct a civil trial to determine the legitimacy of the funds used to acquire these upscale properties.
Chitukutuku had contested the High Court’s civil forfeiture order, which alleged his properties were acquired through proceeds of corruption during his time at Zinara. While the Supreme Court upheld the forfeiture of movable assets and insurance shares, it found unresolved issues regarding the two houses, requiring further investigation.
Justice Joseph Musakwa, delivering the judgment on behalf of a three-judge panel including Justices Chinembiri Bhunu and George Chiweshe, emphasized the need for evidence to ascertain whether the funds used for the properties were legitimate.
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“The appeal in respect of the movables and shares relating to Champions Insurance is hereby dismissed,” Justice Musakwa ruled. However, the court directed the High Court to assess the extent to which potentially tainted funds were used to acquire the Borrowdale and Glen Lorne properties.
Chitukutuku’s defense, represented by lawyer Mr. Jonasi Dondo, maintained that the assets were lawfully acquired before the Money Laundering and Proceeds of Crime Act came into effect in 2013, arguing that applying the Act retroactively violated legal principles.
The High Court had previously noted Chitukutuku’s failure to provide a satisfactory explanation for his wealth. The State, represented by Mr. Chris Mutangadura, alleges the assets, valued at approximately US$20 million, were purchased using illicit funds.
This is not Chitukutuku’s first brush with the law. He was previously accused of defrauding Zinara of over US$3 million and faced charges of criminal abuse of office, fraud, bribery, and money laundering.
While he was acquitted in the criminal case due to insufficient evidence, civil proceedings have required a lower burden of proof, leading to the forfeiture orders.
The State’s pursuit of Chitukutuku’s assets underscores the ongoing efforts to hold public officials accountable for unexplained wealth.
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