Unexplained Wealth Order in Zimbabwe

Section 37 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] deals with the requirements for making an application of an unexplained wealth order in Zimbabwe. An application for an unexplained wealth order is made to the High Court of Zimbabwe by an Enforcement Authority. The Prosecutor General of Zimbabwe is currently the recognised Enforcement Authority in Zimbabwe.

The application is made in the form of an ex parte chamber application. In order for the court to grant the application, it has to be satisfied that there are reasonable grounds for suspecting that the Respondent is, or has been, involved in serious crime (whether in Zimbabwe or elsewhere). see Chihuri & Others v Prosecutor Geneal & Others HH 399-22. The onus to establish reasonable grounds to obtain an unexplained wealth order in Zimbabwe rests on the Prosecutor General of Zimbabwe. see Kwesiga & Another v Prosecutor General & Others SC 58/25.

In granting an application for the enforcement of an unexplained wealth order in Zimbabwe, the law contemplates a value judgment based on the assessment of the bona fides of the application and facts presented with the application. At the stage of an application for unexplained wealth order, the respondent is not divested of any property. see Prosecutor General v Chitukutuku & Others HH 449-23.