Tainted Property or Gift in Zimbabwe

A tainted property or gift in Zimbabwe refers to the transfer of property or donation of a gift which has been used or is being used or is intended to be committed. The Supreme Court of Zimbabwe in Prosecutor General v Chiba; Sikwila v The Prosecutor General & Others; Manitho & Another v The Prosecutor General & Others; MTU Family Trust v The Prosecutor General & Others; Chidemo v The Prosecutor General SC 19-24 at para 121 summarised the concept of tainted property of gifts in Zimbabwe to mean:

The actual proceeds of a serious crime for example the actual money or property stolen by the offender or property into which such property has been added or used to buy or to improve;

Property which has been used or is being or is intended to be used to committed a serious offence other than a terrorist attack. This refers to what one can refer to as the serious crime offenders’ tools of trade. In a case where the offender uses a motor vehicle to commit serious crime, such a motor vehicle.

Property which has been used or is being or is intended to be used to be used by an organised criminal group. The property is tainted by its use or intended use by the organised criminal group.

Property owned or controlled by an organised criminal group. The property is tainted by its being owned or controlled by the organised criminal group.

Property which has been collected for the purpose of providing support to an organised criminal group or funding a serious offence. This refers to property gather to provide for or fund a criminal group. The property is tainted by the intention of those who collected or gathered it.